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(영문) 대구지방법원 김천지원 2015.04.15 2015고단198
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A thief, around 00:50 on December 1, 2014, the Defendant: (a) while drinking alcohol with the victim’s room room 202, the victim and one other than the victim, at the victim’s house located in Gumi-si, Gumi-si; (b) A thief, who was under the influence of alcohol, committed theft with the victim’s 15,000, cash 15,000, U.S. dollars 2, one resident registration certificate, one driver’s license, and four physical cards.

2. On December 1, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased goods at the F convenience store operated by the victim’s name in Gumi-si, Sinsi; (b) deceiving employees of convenience stores by means of paying the price with the said e-mail card, as if the Defendant was the legitimate licensee of the NAC card in the name of the Domi-si, as in the foregoing paragraph (1); and (c) by means of deceiving employees of the above convenience store, the Defendant received 7,500 won of the total market price of e-blus tobacco 2A and 119,100 won of e-mail, such as 0:35,00 in the attached list of crimes, and then illegally used the e-mail card in the name of the stolen D by the same method until 02:35 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Each internal investigation report (in cases of attaching the payment records of physical cards, attaching the list of commodity purchased by a suspect at a convenience store), payment records of physical cards, and application of statutes on receipts of goods;

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 (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (with regard to illegal use of force cards), and each choice of imprisonment with prison labor;

1. The former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes shall be the largest punishment;

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