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(영문) 창원지방법원 통영지원 2018.11.02 2018고단909
사기등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2018, the Defendant: (a) entered the victim C in Changwon-si D 606 located in Changwon-si B, Changwon-si, Changwon-si on April 24, 2018; (b) obtained one copy of the cash-owned cash-related 7.5 million won in the victim’s possession; (c) one gallon mobile phone with the market price of KRW 1.2 million; and (d) one gallon card with the gallon of KRW 80,000,000 in the market price.

Accordingly, the defendant stolen another's property by intrusion upon a room possessed by a person at night.

2. The Defendant, as stated in paragraph 1, has stolen C’s C’s C’s C C C’s C physical card and acquired it, and thus, did not have the right to use the card, thereby raising the mind to avoid paying taxi charges, regardless of the absence of the right to use the card.

On April 24, 2018, around 03:58, the Defendant: (a) presented the above physical card to the taxi operated by the victim’s name-free person in Changpo-si Mapo-si B, Changpo-si; (b) had the victim pay KRW 8,160,00 from that time to May 1, 2018; and (c) had the victim pay KRW 62,760,00 in total nine times as indicated in the list of crimes in the following manner.

Accordingly, the defendant, by deceiving victims, obtained financial benefits equivalent to 62,760 won in total, and used stolen credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statements;

1. Report on internal investigation (specific amount of damage), detailed statement of deposit transactions, investigation report (limited to the use of a victim card and the attachment of CCTV images to the user), photographic images of CCTV recording, sales slips, details of the use of PC rooms, and application of Acts and subordinate statutes on photographics on membership screen pictures;

1. A theft by taking into account the relevant criminal facts at night pursuant to Article 330 of the Criminal Act: An occupation of fraud under Article 347 (1) of the Criminal Act: Article 70 (1) 3 of the Act on Financial Business Specializing in Credit;

1. Punishment;

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