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(영문) 춘천지방법원 강릉지원 2018.11.01 2018고단829
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 8, 2016, the Defendant was sentenced to two years of suspended sentence in October, 2016 by the Seoul Northern District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Seoul Northern District Court, and the judgment became final and conclusive on December 16, 2016 and is currently

[Criminal Facts]

1. On August 15, 2018, the Defendant: (a) at the Dabud 102 heading room, in which the victim C, located in Gangnam-si B, Gangnam-si, 07:0 on August 15, 2018, the Defendant: (b) opened an entrance that was not locked by the victim’s outing the house, and intruded on the victim’s residence; and (c) infringed upon the victim’s house; and (d) took one copy of the Hybk Card, which is the victim’s possession, at the home located therein.

2. On August 15, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) used the 65,00 won to pay 65,00 won by presenting it to the victim as if he had the right to use the stolen C’s physical card, even though he did not have the right to use the stolen C’s physical card, as described in paragraph (1), at the Gelel managed by the victim F of the victim F of Gangseo-si, Gangnam-si, Gangnam-si; and (b) used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. On-site photographs;

1. A report on investigation (Attachment toCCTV images), CCTV images;

1. An investigation report (Attachment to the sales slip which has been settled with a stolen card), and the sales slip;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Articles 319(1) (the point of intrusion upon residence), 347(1) (the point of fraud) of the Criminal Act, Article 70(1)3 (the use of stolen credit cards) of the Act on Financial Business Specializing in Credit, and the choice of imprisonment, respectively;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the same Act, and other records, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances before and after the crime, are revealed.

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