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(영문) 대구지방법원 2018.01.18 2017고단214
사기등
Text

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

Reasons

Punishment of the crime

1. On July 18, 2016, the Defendant: (a) at the DNA telecom guide room located in C at around 08:08 on July 18, 2016; (b) at the victim E, the victim E, who was in a skeke, was stolen by taking advantage of cresh, 1,000 won per 50,000 won per 1,000 won per 1,000 won per 1,000 won per 1,000 won per ske card; and (c) the victim E, who was in a skeke.

2. On July 18, 2016, around 08:13, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) was engaged in the operation of the Victim G G in F at F at F at F at a time; (b) was provided with two ice cream equivalent to the total market price of KRW 3,000 from the injured party as if he/she was a legitimate holder of the flood card; and (c) was paid with two ice cream equivalent to the total market price of KRW 3,000 from the injured party; and (d) was used with the flood cream card at least four times from that time until July 18, 2016 by settling the price with the flood cream card; and (e) was denied using the flood cream card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photograph victims E-Hand messages, photographic pictures, sales slips, photographic photographs of sales slips, and photographic images by capturing each CCTV image;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen debit cards), and the choice of imprisonment, respectively;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes is based upon the following circumstances and the defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, circumstances after the crime, etc. as stated in the instant records and arguments, and the punishment as ordered shall be determined by taking into account all the various sentencing conditions as shown in the instant records and arguments.

Unfavorable circumstances: the defendant is in the same kind and different kind.

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