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(영문) 대전지방법원 2018.04.27 2017고단4722
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2017, the Defendant stolen one credit card of one bank owned by the victim B at the cash withdrawal date of one bank located in the Jung-gu, Daejeon, Daejeon, Daejeon, 1615-ro, 34, one hundred and sixty-one five-one hundred and sixty-one-one, one hundred and sixty-one, one hundred and sixty-one.

2. On October 2, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around October 16:33, 2017, as if he had been aware of the Defendant’s legitimate right to use the victim’s name in Jung-gu Daejeon, Daejeon; (b) one bank, as described in paragraph (1), presented to the victim a stolen credit card to pay the price for the goods; (c) by deceiving the victim; and (d) obtained the delivery of goods equivalent to KRW 21,000 from the victim, and used the stolen credit card.

In addition, from October 7, 2017 to October 16:54, 2017, the Defendant took place as if he had been given a legitimate right to use the said credit card over a total of 13 times, and received the total amount of KRW 1,147,700, as shown in the list of crimes in the attached Table and acquired it by fraud, and used each stolen credit card.

3. On October 8, 2017, the Defendant attempted to purchase a medicine equivalent to KRW 3,00, while driving as if he/she had a legitimate right to use a credit card at the F pharmacy operated by the victim’s name in the name and influence of the city E in Yari-si, North Korea, North Korea, as described in paragraph 2. However, the Defendant attempted to purchase a medicine equivalent to KRW 3,00,000, due to a report on loss, and failed to achieve the purport by suspending the use of the credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A detailed statement of a receipt and card;

1. Application of CCTV Acts and subordinate statutes;

1. Article 329 of the Criminal Act (a point of intention), Article 347 (1) (a point of fraud), Article 70 (1) 3 (a point of use of stolen credit cards), Articles 352 and 347 (1) (a point of attempted fraud) of the relevant Act on criminal facts, and choice of imprisonment with prison labor for each credit-specialized financial business;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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