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(영문) 청주지방법원 영동지원 2019.07.11 2018고단140
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around 07:20 on June 15, 2018, the Defendant, who was left on a tree player installed in front of the Seo-gu, Daejeon, Seo-gu, may not take necessary measures, such as Samsung Galgalthro, Samsung Dogro, Samsung Dogro, Samsung Dogro, Inc., the victim’s father, the victim’s son, and the victim’s son, and the victim’s son’s son, and the victim’s son was embezzled.

2. On June 15, 2018, the Defendant presented that, at the H convenience store operated by the victim G in Seo-gu, Daejeon, Seo-gu, Daejeon, the Defendant purchased so-called 1,660 won of 1,60 won of the market price and 4,300 won of fluor tobacco 1 A, and the e-title bank e-mail card lost as stated in paragraph (1) was the Defendant.

However, there was no intention or ability to pay the price for the goods because the defendant intended to pay the price for the goods by using the lost personal check in the name of E.

As above, the Defendant, by deceiving the victim, received goods equivalent to the sum of KRW 5,960 from the victim and acquired them by deception from him, and from that time to 08:35 on the same day, received goods equivalent to the sum of KRW 265,340 in total six times in the same manner as indicated in the attached crime list from the same day, and acquired, stolen, and used the lost debit card.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to each photograph explanation and each receipt (Evidence Nos. 9, 10, 11, 12, 13)

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement, the choice of imprisonment), Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 70(1)3 of the Specialized Credit Financial Business Act (the selection of imprisonment with prison labor, inclusive);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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