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(영문) 창원지방법원 2018.02.07 2017고단2508
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Larceny;

A. On May 20, 2017, at around 12:00, the Defendant stolen the victim D’s house located in Kimhae-si, with property equivalent to KRW 295,000 in total amounting to KRW 18 k-2,30,00 of the market price, which is the victim’s ownership in the kitchen which was in the kitchen which was in the victim’s house, by using the cresh that the victim did not work, and then by taking advantage of the cresh in the kitchen, the Defendant stolen the victim’s house with property equivalent to KRW 295,00 in the Chinese currency amounting to KRW 65,00 in the market price.

B. On May 24, 2017, at around 22:30, the Defendant: (a) committed theft with a 30,000 won of cash owned by the victim D, which was parked on the front road of Kimhae-si; and (b) a company bank BC credit card of the city on the market value; (c) a credit card of the Busan Bank; and (d) a resident registration certificate of the Plaintiff, etc. at the market price of KRW 40,000 of the market price which includes one copy, etc.

2. On May 25, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 00:30 on the 25th day of Kimhae-dong, Kimhae-si; (b) when using and settling the price for using and paying a G-si operated by the Victim F, the Defendant, as described in paragraph (b), presented the stolen B-C credit card (number (H) under the name of the genuine card as if he/she was the nominal owner of the relevant card, and subsequently, took over the pecuniary gains of KRW 566,720 in total five times from that time to May 200:5, and used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each statement of I, J, K, L, and F;

1. Application of Acts and subordinate statutes on approval for domestic trade (credit card number classification);

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit Business (generally, the use of stolen credit cards), and the choice of imprisonment for each type of punishment;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below) is in depth divided into the Defendant’s mistake.

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