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(영문) 대전지방법원 서산지원 2015.01.30 2014고단897
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 22, 2012, the Defendant was sentenced to three months of imprisonment for fraud, etc. in the Gyeyang Branch of the Suwon District Court on September 13, 2012, and the execution of the sentence was terminated at the Incheon Detention Center on September 13, 2012. On April 18, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for forgery of a private signature in the Incheon District Court’s Branch of the Incheon District Court, and the said judgment was finalized on April 26, 2014

【Criminal Facts】

1. On August 31, 2013, at around 03:00, the Defendant discovered that the victim C was locked in front of the 485 wall mountain apartment-dong, Suwon-gu, Suwon-si, Suwon-si, Simpo-si, Simpo-si, and then stolen one wall with a modern card owned by the victim, which was located in the victim’s bank.

2. On August 31, 2013, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) provided alcoholic beverages, etc. at the “F’s main point operated by the Plaintiff E” in Suwon-si, Suwon-si; (b) provided one copy of the modern card under the name of the Plaintiff, which stolen the victim as if the victim was said C; (c) signed the signature column of the sales slip member; (d) submitted it to the victim for a stolen credit card; and (e) obtained the stolen credit card from the victim and acquired the goods.

In addition, the defendant acquired property or pecuniary profits equivalent to 1,135,300 won in total using a stolen credit card which was stolen by the same method over ten times in the vicinity of Suwon-gu, Suwon-gu, Suwon-gu, as stated in the attached crime inundation list.

Summary of Evidence

1. Legal statement of witness E and G;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a head who uses a photograph of a card to which a suspect A or a stolen-friendly card is used after writing the details of card use;

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, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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