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(영문) 대전지방법원 2020.02.21 2019고단4413
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 03:00 on August 15, 2019, the Defendant: (a) opened a door of YM5 vehicle in front of the Seo-gu Daejeon apartment C-dong, Seo-gu, Daejeon; (b) opened a door of 3,000 won in cash owned by the victim who was in contact locks; and (c) had one bank body card and one KB credit card.

Accordingly, the defendant stolen the victim's property.

2. On August 15, 2019, at around 05:22, the Defendant inserted D’s physical fitness card in the Jeju-gu Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon as if there was a legitimate right to use a stolen victim’s name, as described in paragraph (1), into HM5 vehicles with fuel equivalent to KRW 102,169, the victim’s market value, which the Defendant operated, and settled the amount.

Accordingly, the defendant stolen the victim's property and used the stolen debit card.

3. On August 15, 2019, at around 05:38, the Defendant violated the Specialized Credit Financial Business Act and the Defendant: (a) had a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Accordingly, the defendant acquired the property of the victim and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the details of card use, the screen of field CCTV, and the detailed details of the carving;

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment (each fraudulent point), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of each theft card), and Article 329 of the Criminal Act.

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