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(영문) 광주지방법원 순천지원 2017.11.10 2017고단2000
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on August 30, 2017, went back to the victim C-owned vehicles owned by the victim, who was parked in the front of the 102-dong apartment located in the 102-ro 77 U. S. Simn-si at Pyeong-si, P.S. at P. 09:57.

The defendant shall put his hand on a knife with the chief window of the knife which was opened by making use of the gap where the knife of the victim was neglected, and shall take off the knife with three knife card owned by the victim, one head of the Tong of the post office, one resident registration certificate, one vehicle driver's license, and one knife with cash in an amount, etc.

They go back.

Accordingly, the defendant stolen the victim's property.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On August 30, 2017, around 10:09, the Defendant, at the G convenience store in the management of the victim F in the city of F in the south of the Republic of Korea, presented to the employees in the name of the stolen C, as if he/she was the lawful holder, the Defendant: (a) purchased the 1 Bored tobacco equivalent to KRW 45,000 in the market value.

Accordingly, the defendant, by deceiving the victim, used a stolen debit card.

B. On August 30, 2017, around 10:17, the Defendant: (a) sent the Saemaeul Card (L) in the name of the Saemaul Treasury C, as set forth in paragraph 1, to an employee who was a legitimate holder, and purchased 1 Boyman tobacco equivalent to KRW 45,00 in the market value.

Accordingly, the defendant, by deceiving the victim, used a stolen debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on the sales slips of G convenience stores and the K Mart receipt statutes;

1. Relevant Article 347(1) and Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively, Article 70(1)3 of the Act on Specialized Credit Business, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for the observation of protection;

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