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(영문) 광주지방법원 순천지원 2015.05.22 2015고단650
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2013, the Defendant was sentenced to one year and six months from imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Support of the Gwangju District Court, and completed the execution of the sentence in the Net Prison on July 2, 2014.

【Criminal Facts】

1. A thief: (a) around 22:00 on December 26, 2014, at the “E” entertainment tavern for the victim’s operation “E” located in C, where the victim’s management is neglected, the Defendant taken up one female wall with a cash card of KRW 1.50,000 and three cash cards, such as a post office body card, within the victim’s shock.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On December 26, 2014, the Defendant: (a) received an order from “Gamnogate” located in F at Samnopo City on December 23:37, 2014; and (b) presented to the said proprietor a stolen post office check as if he/she was his/her card; and (c) had the said proprietor settle the price of KRW 100,000,000, and used the stolen credit card; and (d) obtained pecuniary benefits equivalent to the same amount by avoiding the payment of the price.

B. On December 27, 2014, at around 00:15, the Defendant received an additional order for alcoholic beverage from the above “Grano bank,” and then presented it to the said singinging business owner as if he/she was his/her card, and had the said business owner settle the price of KRW 50,000,000 for using the stolen credit card and acquire pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared D or H;

1. Six copies of the on-site evidence photographs;

1. Photographs of the victim;

1. The police seizure record and the list of seizure;

1. Each report on investigation;

1. Previous convictions in judgment: Inquiry reports, reporting on confirmation of the release of prisoners, application of Acts and subordinate statutes to the status of personal identification and confinement;

1. The relevant Article of the Criminal Act, Article 329 of the Criminal Act, and Article 347(1) of the Criminal Act with respect to the criminal facts

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