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(영문) 광주지방법원 2017.11.03 2017고단442
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2, 2016, the defendant was sentenced to two years of suspended sentence for special larceny at the Suwon Franchising Board on June 2, 2016, and the above judgment became final and conclusive on the 10th of the same month.

1. On December 22, 2016, the Defendant came to possess one cell phone and one new cell phone and one national card at around 600,000,000 won in the market price owned by the victim, who was placed on the depositor of the victim in Gwangju North-gu, Gwangju-gu, and one copy at around 23:00.

Accordingly, the defendant stolen another's property.

2. On December 22, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the G point of view in the operation of the victim’s Buddhist boxes located in Gwangju North-gu, Gwangju, around December 22, 2016, who stolen and possessed those employees who work at that place as above.

Denating a new card in H’s name as if it were his own credit card and was provided with alcohol and alcoholic beverages equivalent to KRW 50,000 from the injured party.

In addition, the Defendant used stolen credit cards five times from December 22, 2016 to December 23 of the same month, as stated in the list of crimes in attached Form 117,900 won, and acquired property profits equivalent to the sum of KRW 117,900 from the victims' franchise store operators.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with H;

1. A written statement of D, police investigation report, damage caused by a credit card;

1. Inquiry about criminal history and application of the text of the judgment;

1. Relevant Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Special Cases concerning Credit Business (the use of stolen credit cards) and the choice of imprisonment for each type of crime;

1. The basic area of crimes (the scope of recommending punishment) in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which apply the sentencing guidelines to the grounds for sentencing (the scope of recommending punishment) of the Act on the Aggravated Punishment of Concurrent Crimes (the general larceny between June and June).

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