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(영문) 부산지방법원 2015.10.07 2014고단9478
사기등
Text

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

Reasons

Punishment of the crime

1. Larceny;

A. From July 27, 2014, around 15:00 on July 27, 2014, the Defendant: (a) stolen the victim B by taking advantage of the gapss in Changwon-si C building A 302; (b) cash equivalent to KRW 20,000 in the victim’s lusium; and (c) modern cards (D); and (d) 500,000 won in the market value of Samsung Dogsi S3 mobile phones on the part of the victim’s lusium.

B. On August 8, 2014, around 07:30 on August 8, 2014, the Defendant: (a) stolen the victim E’s 302 residence of the victim of the F Multi-household 302; (b) 511,000 won in the kitchen in the kitchen in which the victim’s own crepit; and (c) 2 locks containing cash cards, etc. were stolen.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On July 27, 2014, around 16:52 on July 27, 2014, the Defendant purchased one female arms worth 613,900 won at the market price from the gold bank of the “I” for the operation of the Victim H located in Busan Seo-gu G, Busan, and completed the purchase as if he/she was a legitimate licensee.

As in the same paragraph, by means of settling the price with the credit card in the above B's name, the victim acquired the above amount by fraud and used the stolen credit card.

B. At around 17:50 on the same day, the Defendant purchased one female half of the amount of KRW 331,900 at the market price from the bank of the above victim H, and completed the purchase as if he was the legitimate licensee.

As in the same paragraph, by means of settling the price with the credit card in the above B's name, the victim acquired the above amount by fraud and used the stolen credit card.

Summary of Evidence

1. Statement to E by the police;

1. A written statement prepared B;

1. The police seizure record and the list of seizure;

1. Electronic data inquiry;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act (each point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (each point of use of stolen credit card), and Article 70(1)3 of the Specialized Credit Financial Business Act.

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