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(영문) 의정부지방법원 고양지원 2017.11.10 2017고단2977
사기등
Text

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

Reasons

Punishment of the crime

On June 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the Jung-gu District Court Goyang Branch, and the execution of the sentence was terminated at the Jung-gu District Court on July 7, 2017. On September 8, 2016, the same court was sentenced to two years of suspended sentence for imprisonment with prison labor for fraud, etc. and was sentenced to two years of suspended sentence on November 15, 2016, and the judgment becomes final and conclusive during the present suspended sentence.

1. On September 26, 2017, the Defendant was parked on a road located in Seo-gu, Busan, Seo-gu, Sinyang-si around 23:30.

D Verification that the SP car is not a door, and after opening a steering door and opening it at the bank located in that place, take part of the street wall containing 1,600 won per annum and 1,600 won per annum in a female cream card, etc. owned by the victim E in the bank located in that place.

In addition, they stolen them.

2. On September 27, 2017, around 01:12, the Defendant violated the Act on Business Specializing in Fraud and Credit Financial Business: (a) received a marina log from the Sinsan-dong F building and the victim G operated by the victim G in the third floor; and (b) made the settlement of the price, the Defendant presented to the victim as if he had a legitimate right to use the stolen NH NowC card, as described in paragraph (1), and signed the sales slips, and then delivered it to the above victim.

Defendant deceiving the victim as above and provided 90,000 won or more to the victim, and acquired economic benefits equivalent to the price, and used stolen debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of the victim;

1. Previous convictions: A reply to inquiry, report on investigation, judgment attached thereto, and application of Acts and subordinate statutes concerning personal confinement, such as criminal history;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Article 347(1) of the Criminal Act, Article 70(1) of the Act on the Financial Business Specializing in Credit, and Article 329 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act: The same type of crime during the period of repeated crimes.

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