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(영문) 수원지방법원 2019.09.06 2019고단3836
사기등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 11, 2019, the Defendant: (a) obtained a copy of C Body Card (D) lost by the injured party B (the age of 50) at an insular area (the age of 50) and did not follow the procedures, such as returning it to the injured party; (b) embezzled the property that he/she had, on his/her own idea, lost from the possession of the injured party.

2. Fraud and Specialized Credit Financial Business Act violation: (a) around 19:23 July 12, 2019, the Defendant paid 10,000 won to the victims F of the Victim F in Suwon-si, with the C bodyc card of B, which he acquired, as set forth in paragraph (1), from the water datum of G (ju) Dong-si operated by Suwon-si, as the victim F, and received property worth KRW 214,300 in total by deceiving the victims, as if the Defendant had obtained a legitimate right to use the C body Card; and (b) from that time, the Defendant acquired property equivalent to the same amount using the said C body card from July 12, 2019 to July 23:00.

3. On July 13, 2019, the Defendant’s obstruction of performance of official duties, and the victim’s injury was arrested by the victim I (year 41) who is a police official belonging to the H district police station in Suwon-nam Police Station where the Defendant discovered the Defendant while receiving a report on the unlawful use of the said Cze Card and searching for the surroundings, the Defendant obstructed the victim’s legitimate execution of duties concerning the suppression of the victim’s crime, and at the same time interfered with the victim’s face and arms, who is a police official, with the face and arms, and damaged the victim’s character that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements under J and B;

1. Photographs;

1. Letters showing the details of the approval of cards;

1. A report on investigation (Submission of a statement of opinion with respect to a victimized police officer), and a statement of opinion;

1. Investigation report (verification of a suspect's card user), receipts, and CCTV;

1. The victim of the investigation report;

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