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(영문) 광주지방법원 목포지원 2014.06.30 2014고단639
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A theft Defendant: (a) around 14:50 on April 18, 2014, at the D Hospital 530 ward rooms located in B in B, and (b) at the victim E’s crepane of any crepane in the surrounding area, stolen with a copy of corporate bank physical card from the victim E, who used the crepane of no one.

2. On April 18, 2014, at around 15:06, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) presented the victim F’s e-mail card, as described in paragraph (1), to the victim as if he was his card; (b) obtained one gold-brupt (3.5) equivalent to KRW 830,000 in the market price; and (c) acquired, stolen, and used the stolen e-mail card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. The application of Acts and subordinate statutes to photographs when the card approval details and inquiry, and the suspect purchases gold and half of the gold;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act selection of punishment, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of an interrupted debit card and the selection of imprisonment);

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Theft;

(a) Determination of types of larceny: A general larceny (type 2) for general property;

(b) Determination of the scope of sentence: Basic area, six months to one year and six months (no special person: no person);

2. Fraud;

(a) Determination of types of crime: Type 1 (less than 100 million won) from among frauds;

(b) Determination of the scope of sentence: Reduction area, from one year to one year (a person who is a special mitigation offender: a person not subject to punishment);

3. Standards for handling multiple crimes: Application of the lower limit is limited to six months to two years, and on the grounds that the sentencing criteria are not set for a violation of the Specialized Credit Financial Business Act.

4. As to whether the defendant had been sentenced to punishment or suspended sentence, the crime of this case is again committed even though he had a large number of theft crimes.

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