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(영문) 창원지방법원 통영지원 2016.03.31 2016고단135
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 thief: (a) on January 3, 2016, the Defendant stolen property on four occasions in the same manner as the victim’s cash 2,000 won, resident registration certificates, and new cards, etc., located on a charge charging unit by the victim E, from the time to February 6, 2016, including the theft, with the victim’s cash 1.50,000 won in the market price, which includes a new card, etc., in which the victim E was set off on a charge charge unit; and (b) from time to February 6, 2016.

2. On December 14, 2015, from around 06:25 to 14:00 on the same day, the defrauded: (a) was not in possession of cash or credit card, etc. at the time within the “HH room operated by LAF” operated by LAW from around 06:25 to 14:00 on December 14, 2015; (b) as if he/she did not have an intent or ability to pay the price even if he/she uses the room, he/she did not use the room and did not pay the price; and (c) thereby, he/she acquired pecuniary gains over three occasions, such as the re-issuance of the attached list of crimes, from January 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, G, K, and E;

1. Each statement of K, I, and L;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a investigative report (including the list ofCCTV and the data attached thereto);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and 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 62-2 of the Criminal Act, including observation of protection and community service order;

1. Criteria for sentencing:

(a) First-Class 1 (Crime of Fraud) (Scope of Recommendation) in general fraud (less than KRW 100 million) in the basic area (not less than six months to one year and six months) / None of special sentencing factors

B. No. 2 crimes (the scope of recommendations) [the scope of punishment] general property shall be the basic area (6 months to 1 year and 6 months) of the basic area (the general larceny) (one year and 6 months).

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