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(영문) 춘천지방법원 영월지원 2016.01.29 2014고단601
사기등
Text

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

Reasons

Punishment of the crime

1. On March 20, 2014, around 12:00, the Defendant committed the theft of the wall, with a 200,000 won in cash, 20,000 won in the market price of the victim D, who is a volunteer, and 20,000,000 won in cash on the wall.

2. On March 20, 2014, the Defendant committed a theft of cash: around 14:16, the Defendant withdrawn and stolen KRW 680,700 in cash against the will of the victimized person, by inserting a stolen corporate bank physical card into a cash payment machine and inputting a password known in advance, at the point south-dong, Nam-dong, Busan Metropolitan City.

3. On March 20, 2014, around 19:46, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) purchased tobacco and drinking water at the F G convenience store located in the Dong-gu Daejeon-gu Daejeon, Daejeon; (b) presented a stolen corporate bank cream card as if the Defendant were a third party; and (c) obtained 10,400 won by deceiving the name of the damaged person’s manager of convenience store; and (d) using the stolen debit card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense (a thief) under Article 329 of the same Act, Article 347 (1) of the Criminal Act (a point of fraud) and Article 70 (1) 3 of the Act on Business Specializing in Credit Financial (a point of fraud)

1. Selection of each sentence of imprisonment;

1. In full view of the following circumstances: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed three times; (c) the Defendant’s age, sex, conduct, intelligence and environment; (d) the motive, background, means and consequence of the instant crime; and (e) the circumstances constituting the conditions for the instant sentencing, such as the circumstances after the instant crime, family relationship, etc., and thus, the sentence is determined as ordered.

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