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(영문) 인천지방법원 부천지원 2014.09.24 2014고단1899
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 28, 2014, the Defendant: (a) under the influence of alcohol from a bencher who was installed in front of the Non-Acheon-si, 1156, Jungcheon-si, 1156, the Defendant: (b) discovered and accessed the victim C; and (c) cut off one card on the market price in which three copies, such as a debit card 2, a driver’s license 1, a employee certificate 1, and a points card, were included in the victim’s item; and (d) cut off between the victim and the victim.

2. On the same day, at around 05:39, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased 300 ML 1 disease and 4,300 won of Cheongcheon-gu D’s Cheongcheon-si’s Operation E, and then, (b) presented and settled the Defendant’s debit card, which was stolen by presenting the Defendant’s debit card, and (c) acquired and received property equivalent to the same amount, and (d) acquired and acquired it from 12:37 on the same day, the Defendant acquired property of 498,500 won in total using the debit card lost by the above method 20 times from the same day to 12:37 of the day as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. G statements;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. On-site photographs at the time of emergency arrest;

1. Details of card use;

1. Application of investigation reports (financial statements on the use of cards by suspects), investigation reports (the identification card by fraudulent victims)-related Acts and subordinate statutes;

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 (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (generally, use of stolen debit 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances in favor of the accused among the reasons for sentencing);

1. Confiscation Article 48(1) of the Criminal Act

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