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(영문) 대구지방법원 2018.08.31 2018고단2739
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 21, 2018, the Defendant: (a) at the “Del” parking lot located in Seogu Daegu-gu, Daegu-gu, Daegu-gu, on April 21, 2018; (b) 1 copy of the resident registration certificate, which is owned by the victim Furging Furg, located in his/her place and between the head of his/her seat and the head of his/her seat; (c) 5,00 won for cultural gift certificates; (d) 1 copy of the resident registration certificate, which is owned by the victim Furging Furg, and 5,000 won in cash, 50,000 won for the market price.

Accordingly, the Defendant stolen the property owned by the victim.

2. On April 21, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, around 04:56, 2018, boarded-gu: (a) boarded-gu nearby Daegu-gu, Daegu-gu; (b) boarded-si as a passenger; (c) boarded-si near Daegu-gu, Daegu-gu; and (d) thrown the card under the name of stolen-F, as described in paragraph (1), and used a stolen credit card by obtaining pecuniary benefits equivalent to KRW 12,400 of the taxi fare and allowing a taxi engineer to pay the taxi fee, as if it were his/her card.

In addition, from around that time to around 21:16 of the same month, the Defendant acquired a total of 378,000 won and used a stolen F credit card in the same manner as the written list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of Acts and subordinate statutes to report on investigation, such as sales statement, damage photographs, etc.;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 of the Criminal Act (the fraud), Article 70 (1) 3 (the use of stolen credit cards), Article 70 (1) 3 (the use of stolen credit cards), 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. Article 62 of the Criminal Act:

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