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Reasons
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(영문) 창원지방법원 2015.07.23 2015고단955
사기등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is deaf-mutes.

1. A thief: (a) around February 22, 2015, around 21:20, the Defendant stolen the thief by making use of the gap in which the market price of the victim owned by the victim, including 5 0,000 won, and 200,000 won, in order to calculate the value of the article by the victim D, who is a customer, in the lottery room located in Kimhae-si Kimhae-si, in order to calculate the value of the article.

2. On February 22, 2015, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 21:50, the Defendant ordered food at the “G” restaurant operated by the Victim F in Kimhae-si; (b) and (c) obtained pecuniary benefits equivalent to the same amount by allowing the said employee to pay KRW 3,000 of the food cost by presenting the physical card of an enterprise bank in the name of the aforementioned D, as in paragraph (1), to the employee, as if he had the right to pay the money normally.

Accordingly, the defendant acquired property benefits equivalent to 3,000 won using stolen physical cards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The written statement of the defendant;

1. Each report on investigation;

1. Card sales slips;

1. Application of the Acts and subordinate statutes to photographing the offender;

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

1. Mitigation of deaf-mutes: Articles 11 and 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act Article 62-2(1) is the first crime (Fraud) [Scope of Recommendation] of the General Fraud (less than KRW 100 million). The mitigation area (one month to one year) of the mitigated area (special mitigation), the second crime (the scope of Recommendation) of deaf children.

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