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(영문) 서울중앙지방법원 2016.02.03 2014고단9476
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 2014, the Defendant acquired a master credit card in the name B in the Russia Masck Sclick or the Yalk Station, and had the Defendant thought to use the card embezzled during Korean travel.

1. On November 23, 2014, the Defendant violated the Act on Specialized Credit Financial Business used credit cards lost by purchasing clothings on two occasions at D's clothing stores located in Jung-gu Seoul Metropolitan Government, and allowing the Defendant to pay KRW 226,600 as well as KRW 1,084,00 as above, for the purpose of settling the clothing price of KRW 226,60 and KRW 1,084,00.

2. The defrauded presented the above embezzled credit card to the victim E who requested payment as if the Defendant did not have the right to use the above credit card and did not have the right to use the above credit card at the above time and at the above two times, and acquired it by fraud by obtaining the total amount of KRW 1,310,600 from the injured party.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Receipts and copies of cards;

1. Application of the police seizure protocol statutes;

1. Relevant Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Granting credits and specialized in selective punishment for facts constituting an offense, Article 347 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] - General fraud - No person who is in charge of special sentencing (from June to June) in the basic area (from June to June) 1 (the period of less than 100 million won) - No person who is in charge of special sentencing shall be sentenced to the same punishment as the order, taking into account the following circumstances and other conditions of sentencing as shown in the record, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime:

Unfavorable circumstances - neither agreement has been made with the victim nor have the damage repaid.

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