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(영문) 청주지방법원 제천지원 2016.06.16 2016고단84
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 25, 2016, the Defendant stolen the victim’s only one credit card (E) and one credit card (F) in the victim’s only bank located in the main room located in Jeju-si B, 09:40 on February 25, 2016.

2. On February 25, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased 3,000 won at the H’s coffee shop at the H station located in Seocheon-si; (b) as if he had the right to use the credit card to use the credit card; (c) made 3,000 won by presenting the credit card to the bank of D, which was stolen under the same circumstances as described in paragraph (1) and then made the bank prepare a sales slip of 3,000 won; (d) used the stolen credit card by signing his signature on the sales slip; and (e) obtained profits equivalent to the same amount by removing the payment of 3,000 won from the said employee who believed that the said credit card is genuine, by taking advantage of the same amount from paying 3,00 won of the goods payment from the said employee’s signature column; and (e) obtained profits equivalent to the sum of 23,400 won by taking advantage of the same method until 14:35 times the same day as the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on the occurrence and autopsy of a case;

1. A photograph description;

1. Application of the receipt statute

1. Relevant legal provisions for facts constituting an offense, Article 329 of the Criminal Act for the choice of punishment (abstinence), Article 347 of the Criminal Act (abstinence of fraud), Article 70 (1) 3 (abstinence of credit card fraud, including illegal use of credit card), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the reasons for sentencing under Article 62-2 of the Social Service and Criminal Act, shall be determined as ordered by considering the following circumstances.

.for the same kind;

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