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(영문) 대구지방법원 안동지원 2017.08.18 2016고단723
사기등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. On September 7, 2016, the Defendant of larceny: (a) at a studio in which a studio on the second floor of the studio construction site of Ansan-dong, a 2nd-dong, was not established; (b) the Defendant deducted the Defendant of larceny from a studio of the victim D, 80,000 won in cash owned by the victim; (c) one copy of the studio studio of the studio; (d) one copy of the stude card; and (e) one copy of the resident registration certificate; and (e) one studio A with a driver’s license.

They go back.

Accordingly, the defendant stolen the victim's property.

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

A. On September 7, 2016, around 15:09, the Defendant purchased tobacco equivalent to KRW 10,000 at the market price from G G Ski operated by the Victim F in Ansan-si, A, and presented that the Defendant was the Defendant’s possession of the Defendant, as in the foregoing paragraph (1), the NACC card in the name of the Defendant, which was stolen, was cut off from the victim.

B. On September 7, 2016, at the J convenience store operated by the victim I in Ansan-si, Dongdong-si, the Defendant purchased 2 brus of tobacco equivalent to KRW 100,000 at the market price, and, as seen in the above paragraph (1), presented the completion of the Agricultural Cooperative Card in the name of D, which was stolen, as if the Defendant was owned by the Defendant, and received delivery of the said goods from the victim.

(c)

On September 15, 2016, the Defendant purchased one cigarette of KRW 50,000 at the market price at M convenience store operated by L in Ansan-si, Dongdong-si, and received delivery from the injured party, by suggesting that the Agricultural Cooperative Co., Ltd., which was stolen as stated in the above paragraph (1), was owned by the Defendant.

Accordingly, the defendant, by deceiving the victims, received property, and used a personal check that D lost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, I, and L;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions and the point of larceny of the choice of punishment against criminal facts: The point of fraud under Article 329 of the Criminal Act: The point of fraud under Article 347(1) of the Criminal Act (the choice of imprisonment) is the point of unlawful use of credit card:

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