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(영문) 인천지방법원 2015.04.30 2015고단891
사기등
Text

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

Reasons

Punishment of the crime

On May 30, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court on May 30, 2014 and a fine of 1.5 million won; and

6. 22. The execution of the above punishment was completed.

1. A theft Defendant: (a) around 01:00 on December 11, 2014, the victim E, a main agent of the instant main agent, drinked with drinking alcohol within the D main agent located in Jung-gu Incheon Metropolitan City, Jung-gu, with one copy of the Korean Non-CC Card owned by the victim and stolen it.

2. On December 11, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented a stolen credit card to the victim, as if the victim’s name in Jung-gu Incheon, Jung-gu, Incheon, by presenting it to the victim as if he/she had been duly entitled to use, and used the stolen credit card to pay 62,000 won for singing, and (b) obtained pecuniary benefits equivalent to the same amount, from that time, until December 11, 2014, the Defendant used the credit card that was stolen at singing rooms operated by the victim’s in total five times, as shown in the list of crimes, and acquired pecuniary benefits equivalent to a total of 659,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Approval for domestic transactions;

1. Information of member stores illegally used;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and search results of prisoners;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the first crime for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the decision of type) shall be the reason for the larceny in general property (the decision of type).

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