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(영문) 광주지방법원 2018.05.18 2017고단2787
사기등
Text

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

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

Reasons

Punishment of the crime

1. On April 23, 2016, around 04:04, the Defendant: (a) committed theft in the waiting room for the Quaker Oatker Integrated Terminal in 904, as Seo-gu in Gwangju-gu, Gwangju-gu; (b) the victim D (V, 73 years old); and (c) the victim D (V, 73 years old) used the gap in this toilet, placed the victim in the waiting room in the waiting room; and (d) stolen it with a copy of the card with a new market value, which is the victim’s own.

2. On April 23, 2016, around 05:55, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased tobacco, etc. at F convenience points in the use of the victim’s name in the Seo-gu, Seo-gu, Gwangju; (b) purchased tobacco, etc., and (c) presented it as if he/she had been duly licensed to use the stolen DNA card; and (d) exempted the victim from paying the amount equivalent to KRW 4,300, the Defendant used the stolen credit card to obtain economic benefits and used the stolen credit card.

In addition, the Defendant received the supply of goods and services equivalent to KRW 5,280,100 in total from the victims on 75 occasions, such as the list of crimes, from around May 2, 2016, the Defendant acquired economic benefits equivalent to the same amount and used stolen credit cards by settling the price using a new credit card owned by the D, which was stolen by the aforementioned method.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. A written statement of I and J;

1. A report on investigation (a photograph of the scene of crime);

1. Application of Acts and subordinate statutes on membership use;

1. Article 329 of the Criminal Act in relation to the relevant criminal facts, Article 347 (1) of the Criminal Act (a point of larceny), Article 347 (1) of the Criminal Act (a point of fraud), and Article 70 (1) 3 of the Act on Business Specializing in Credit Business (a comprehensive use of stolen credit cards) (a point of illegality);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant for sentencing under Article 62-2 of the Criminal Code of the Social Service Order.

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