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(영문) 서울중앙지방법원 2015.04.29 2015고단1770
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 17, 2013, the Defendant sentenced the Suwon District Court to six months of imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and completed the execution of the sentence on July 18, 2013.

On January 28, 2015, the Defendant was sentenced to 4 years in Seoul Eastern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

1. Around August 11, 2014, the Defendant: (a) purchased gold bars equivalent to KRW 500,000,000 of the market price to the victim BC operated by Gangnam-gu Seoul, Seoul, 151; (b) presented a copy of the BE card as if the Defendant was the credit card holder owned by the Defendant; and (c) made a normal settlement.

However, in fact, the above lot card was stolen by the defendant from BE on the same day, and even if the defendant purchased the above gold paper, he did not have the intent or ability to pay the price properly.

Nevertheless, the defendant, while paying the price by using the above credit card, was accused of the victim, and the defendant was issued from the victim's seat.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant in violation of the Specialized Credit Financial Business Act used the stolen credit cards at the time, place, etc. mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the BE;

1. Application of the Acts and subordinate statutes to report on investigation (to listen to the statements from the party of the victim BD business;

1. Article 347 (1) of the Criminal Act; Article 70 (1) 3 of the Specialized Credit Financial Business Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [decision of types] and the reason for the sentencing of Article 38 (1) 2, and Article 50 of the Criminal Act [decision of the recommended area] and the basic area of types 1 (decision of the recommended area]: there are concurrent crimes for which no sentencing guidelines have been set from June to June.

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