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Reasons
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(영문) 의정부지방법원 고양지원 2015.11.13 2015고단2212
사기등
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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. A thief: (a) around August 24, 2015, the Defendant: (b) opened a string door door door, which is located in Goyang-si, Taeyang-si, 53, a 17-gil-ro, with light lights, and opened a string door door, which is located in the stief, and opened into the stief, with approximately KRW 60,000,000,000 in cash owned by the victim D, which is placed on the stief; (c) turned out one cellular 2 mobile phone of Samsung Galtho-gu, the market value of which is equivalent to KRW 90,000,000, in which the 21:0 and two accumulated cards are located.

Accordingly, the defendant stolen the victim's property.

2. On August 25, 2015, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) paid accommodation expenses at the “Fmotour” operated by the victim’s name in Goyang-gu, Goyang-gu; (b) presented the stolen victim’s Samsung Credit Card completion to both employees holding the Defendant’s ownership; and (c) obtained the Defendant’s pecuniary benefits equivalent to KRW 25,000 from the employee; and (d) from August 25, 2015 to August 26, 2015 in the same manner, the Defendant received goods of approximately KRW 79,590, total market price of five times in total, as indicated in the attached list of crimes.

Accordingly, the Defendant, by deceiving the victims as above, received property or pecuniary benefits equivalent to the total market value of KRW 79,590 from the victims, and used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. A report on seizure, a list of seizure, and a written confirmation of the use of Samsung Cards;

1. Application of the Acts and subordinate statutes governing seized articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a 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, and the choice of imprisonment for a crime;

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:

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