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(영문) 대구지방법원 2016.09.20 2016고단2933
사기등
Text

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

Reasons

Punishment of the crime

On June 27, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny in the Daegu District Court Kimcheon Branch, and on March 9, 2013, the Defendant completed the execution of the sentence in the third intersection of North North North Korea on March 9, 2013. On April 28, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of road traffic law (drinking) in the Daegu District Court Kimcheon branch on April 28, 2016 and the judgment on July 15, 2016 became final and conclusive

1. On July 12, 2015, from around 17:20 to 18:06, the Defendant: (a) stolen, at E-cafeteria operated by the victim D in Guro-si, the victim, using the cresh in the victim D, one influor influor’s market price; (b) one influor’s unfluor’s market price; (c) one influor’s 200,000 won in the market price; (d) one influor’s new bank; and (e) one influor’s credit card to a national bank.

2. Violation of Acts in financial business specializing in fraudulent credit;

A. On July 12, 2015, the Defendant: (a) purchased goods from G located in the Guro-si F around 18:06 on July 12, 2015; (b) obtained a stolen credit card using the stolen credit card that was issued to an employee of the victim, who was in the name of the victim working in the said marina, by suggesting that he/she had legitimate right to use the card; and (c) obtained a stolen credit card.

B. On July 12, 2015, around 18:08, the Defendant purchased goods at the above location, and used a stolen credit card upon receipt of delivery of the goods equivalent to KRW 7,700 of the market price by presenting the stolen credit card to the victim’s employee in the name of the victim, who was in the above Mart, as seen above, as if he had legitimate right to use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (with respect to the record of video recording ofCCTV images attached to CDs and photographs (excluding CDs) and the restaurant conditions at the thief site), and internal investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

1. Article 329 of the Criminal Act (abs. Do), Article 347(1) of the Criminal Act (abs. Do), and Article 70(1) of the Act on Business Specializing in Credit.

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