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Reasons
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(영문) 부산지방법원 동부지원 2013.12.18 2013고단2977
사기등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. At around 22:00 on October 5, 2013, the Defendant stolen another’s property in total amount of KRW 520,000,000 (including KRW 50,000 in cash, one credit card in the name of the victim, one sheet in the name of the Busan Bank C, and one sheet in the Notarial Bank C, and one copy in the Notarial Bank C, and one sheet in the Notarial Bank C, from that time to October 19, 2013, by opening the victim E’s toilet to detect the key of the object box in the toilet where the victim E is located, and bringing it to the above things.

2. On October 5, 2013, the Defendant in violation of the Fraud and the Specialized Credit Financial Business Act purchased 2:10 tobacco equivalent to the total amount of KRW 5,400 at G convenience stores located in Busan Shipping Daegu F, and calculated by suggesting that the Defendant was a legitimate holder, as stated in paragraph (1), the Defendant used the physical card and credit card, which was stolen 17 times in total, from the time on October 19, 2013, and acquired 423,300 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of E, I, J, K, L, M, N,O, P, and Q;

1. Application of sales slip Acts and subordinate statutes;

1. Relevant Articles 347 (1) and 329 of the Criminal Act concerning criminal facts, Article 70 (1) 3 of the Specialized Credit Financial Business Act ( point of use of each stolen credit card, etc.) and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in depth against the crime of this case committed as the first offender, and some victims do not want the punishment of the defendant);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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