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(영문) 부산지방법원 2017.09.22 2017고단3487
사기등
Text

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

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

Reasons

Punishment of the crime

1. On January 22, 2017, the Defendant embezzled the deserted Articles, on the road of the “C” located in Suwon-gu, Busan on January 22, 2017, the Defendant: (a) held a post office card lost by the victim D; and (b) embezzled it as he/she had without following necessary procedures, such as returning it to the victim.

2. On January 22, 2017, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, purchased a tobacco of an amount equivalent to 4,500 won from G convenience stores operated by the victim FF located in Suwon-gu Busan, Busan, and presented the above e-mail card by pretending that he/she was a legitimate holder of the above e-mail card.

The Defendant: (a) had the above-mentioned employee pay 10,700 won of the goods using the above physical card; and (b) from around that time to January 23, 2017, the Defendant exempted the above-mentioned employee from liability to pay 234,360 won in total, such as the price of the goods, etc., 18 times in addition to the list of crimes in the annexed crime list.

However, the defendant only carried the above physical card, such as Paragraph 1, but did not have a legitimate holder of the above physical card.

Accordingly, the defendant deceivings employees of the above G convenience store, thereby acquiring economic benefits from the victims and using the lost Cock Card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction of lost cards by victims;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 347(1) (a) of the Criminal Act, Article 347(1) (a)) of the Criminal Act, Article 70(1)3 (a) of the Act on Business Specializing in Credit-based Financial Services, and the choice of imprisonment, respectively;

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

1. The crime of this case is committed even after being sentenced to multiple criminal punishments for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act.

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