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(영문) 창원지방법원 진주지원 2016.01.19 2015고단1039
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 9, 2015, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor due to night intrusion theft at night in the Jinwon District Court's Jinwon Branch, and the said judgment became final and conclusive on the 17th of the same month.

[Criminal facts]

1. Larceny;

A. On July 31, 2015, the Defendant: (a) visited the Victim D, a staff member of the said store, in order to use a Handphone box in B located in the Mandong-gu, Manyang-si, Manyang-si, Manyang-si, B; and (b) stolen the Defendant by using a ballon box in order to use the ballon box in which the victim’s management was neglected; and (c) ballon, the market value of Samsung C, the victim’s ownership, was 297,00 won.

B. On July 12, 2015, at around 12:00, the Defendant, at the victim F’s house located in E apartment building 101 Dong 412, performed drinking together with the victim, and was stolen by using the victim’s cresh in a cresh for the fraud of drinking, using the victim’s cresh in a narrow room in the main room, using the victim’s cresh, which was the victim’s possession, with one head of the Saemaeul Card (G).

2. From July 27, 2015 to August 5, 2015, the Defendant violated the Act on the Financial Business Specializing in Fraud and Credit, the Defendant purchased the victim I from the J convenience store operated by the victim I, Jinnam-si, with an amount equivalent to KRW 9,600 won at the market price, and proposed the F F F F F F F F F F F F F F F F F F F F F’s physical check as one of the items in subparagraph 1(b) as his/her own purchase, deceiving the victim, receive the said two tobacco from the victim, take it over, use the stolen debit card from the victim, and used the stolen debit card from around that time to August 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and K;

1. Each statement of D, I, L, M, N,O, P, Q, and R;

1. A copy of the Handphone agreement, a copy of the Hand-book on the face of a theft by the victim, and a certificate of particulars by CCTV image CD and the membership transaction account, respectively.

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