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Reasons
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(영문) 대구지방법원 2016.11.11 2016고정1196
사기등
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 27, 2016, at around 09:00, the Defendant: (a) opened a clothes 350,000 won in cash owned by the victim E; (b) one resident registration certificate; (c) one modern card; one Samsung card; and (d) one vehicle driver’s license, etc. at the Donyang Factory and the 1st anniversary of the Donsan-si located in the Gyeongsan-si (Seoul); and (c) cut off and stolen a vegetable wall in the market.

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

A. On January 27, 2016, around 14:13, the Defendant purchased seven items, such as fed initial bedc, at Embling point in 101, the Daegu Suwon-ro, Daegu Suwon-ro, 101 (New-dong), and presented the victim’s name-unrelated employee, who works in the Emb, with the view that he/she had legitimate right to use the said E card, and used the stolen credit card at KRW 35,880.

B. On January 27, 2016, around 14:47, the Defendant purchased a hamber at the G store in the G store in the G store in the Gyeonggi-si in the Gyeonggi-do, Chungcheongnam-si, which was stolen to an employee in the victim’s name and influencies, presented that he/she had legitimate right to use the hamber, which was equivalent to KRW 3,400, and used the stolen credit card.

3. On January 27, 2016, the Defendant attempted to commit fraud, at around 15:31, 2016, purchased goods, such as pure smuggling, from the Imart located in H in the G in the Gyeonggi-si, Chungcheongnam-si, and presented the above E’s modern card, which was stolen to employees in charge of the victim’s name-free use, was presented as if he had legitimate right to use. However, the said credit card was attempted at the wind where the theft was reported.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of E, J, K, and L;

1. A copy of a receipt of the purchase details of the marina market point, a receipt for a lota G store, an IE receipt, and an IE receipt;

1. At the time of the settlement of the siart, front of the suspect's form, lotia G point suspect photograph, IE suspect photograph, and Neman M in M in childbed.

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