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(영문) 수원지방법원 2016.08.25 2016고단2696
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 22, 2016, the Defendant: (a) was located in Seo-gu, Seo-gu, Seo-gu, Seocheon-si, Seocheon-si; (b) was in the sprinke room of D public bath male; (c) was in custody of the article No. 41; and (d) was in custody of the article No. 300,000 won in cash owned by the victim E; and (d) was in possession of No. 80,000 won in the market price of No.

They have come to her.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On February 22, 2016, the Defendant purchased two Bans from “H” operated by the victim G in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, and presented the victim as if he were his own credit card, and paid the price with the said credit card by means of signing on the sales pre-sale table, as stated in paragraph (1), and received two half of the market price from the victim, and used the stolen credit card.

B. At around 17:50 on February 22, 2016, the Defendant purchased one bling for women in H from the above “H” to the victim G, and settled the price with the Nonghyup Credit Card in the same manner as paragraph 2(a). The Defendant received one bling for women in an amount equivalent to KRW 1,125,000 at the market price, and used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G preparation;

1. Application of Acts and subordinate statutes on card use letters;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects punishment (a point of intention), Article 347 of the Criminal Act, Article 347 of the Criminal Act (a point of fraud), Article 70 (1) 3 of the Act on Business Specializing in Credit Financial (a point of use of stolen credit cards), and each choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(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] thief for general property, the basic area (6 months to 1 year and 6 months) (the person who is in special sentencing) of the thief for general property.

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