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(영문) 의정부지방법원 고양지원 2020.04.23 2019고단3046
사기등
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 28, 2019, the Defendant cut off a 100,000 won of the market price owned by the victim, including one card and one card card from the victim, within a bank owned by the victim where the victim D was locked, at Cju, located in Pju City B, on September 28, 2019.

2. The Defendant violated the Fraud and Specialized Credit Financial Business Act at around 22:57 on the same day, he purchased 1 1 mm of tobacco to be 45,000 won at the market price with the slot card (credit card No. H) in the name of D, as described in paragraph (1), from the G convenience store operated by the victim F, the victim F, who was in Pakistan E, and used the said credit card as if the Defendant had a legitimate right to use the said card.

Accordingly, the Defendant used stolen credit cards, and was issued 1 mg tobacco per minute to be 45,00 won by deceiving the said victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and F;

1. Application of the Acts and subordinate statutes to each field photograph, each CCTV image photograph, and receipt;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit cards) and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a crime under the same law, has again committed the crime in this case, and there is a need for strict punishment.

However, the above punishment shall be determined in consideration of the fact that the defendant has no record of being sentenced to a fine or heavier punishment, and the amount of damage in this case is not significant.

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