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(영문) 제주지방법원 2020.10.22 2019고단2544
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On September 15, 2019, at around 15:50 on September 15, 2019, the Defendant: (a) committed theft with one credit card card of Jeju Bank owned by the victim D, which was placed after computer monitors, located on the 10th page CPC in Jeju Island B.

2. Around September 16:10 on September 16, 2019, the Defendant purchased tobacco at the F convenience store operated by the victim under the name in Jeju city E, and paid 4,500 won for the goods by presenting the stolen credit card to the Defendant as if the Defendant was the Defendant’s card. On the same day, around 16:13 on the same day, the Defendant continuously purchased at H that operated by the victim in the name in the Jeju city in the name in the Jeju city in the name of the Defendant and presented the completion of the credit card as the Defendant’s card, and settled 49,500 won for the goods.

Accordingly, the defendant used stolen credit cards twice in total, and acquired the total amount of 54,000 won by deceiving the victims.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to investigate and report written statements, related photographs, related photographs, related photographs (e.g., a photograph of a suspect at a theft site), related photographs (a copy of a cut credit card), settlement receipts, 112 reported case handling lists, investigation reports (or oral agreements and verification of the amount of damage);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a 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;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) is that the instant crime was committed by thefting another person’s credit card from the PC and using it twice, and the nature of the instant crime is not somewhat weak, and the Defendant has already committed a similar veterinary act.

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