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(영문) 대구지방법원 2017.01.06 2016고단5696
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On July 27, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu High Court, and completed the execution of the sentence on June 12, 2016.

[Criminal facts]

1. On October 11, 2016, the Defendant: (a) opened a driver’s seat not equipped with locking devices of XG vehicles, which was parked in front of Daegu-gu, Daegu-gu, Daegu-gu; and (b) cut off with one credit card owned by the victim and one citizen’s physical card.

2. On October 11, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 22:28, 2016, the Defendant: (b) committed an act as if the Defendant was a lawful holder of the credit card that stolen C, such as paragraph (1); (c) presented it to the Victim G, who is an employee, and received be supplied with beer and bers equivalent to KRW 90,00 in the market price; and (d) paid the price of KRW 90,00 in the said credit card.

3. On October 12, 2016, the Defendant attempted to commit fraud, at the place indicated in paragraph (2) around 00:15, when boarding a taxi driven by the victim’s name and influence, arrived at the vicinity of the border distance in the Dong-dong, Daegu Northern-gu, and as if he was a legitimate holder of a new credit card owned by C, as described in paragraph (1), and presented it to the victim and tried to settle KRW 8,160,00, while the Defendant failed to obtain approval of the card due to the suspension of use of the credit card, the Defendant failed to commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each G statement;

1. A report on internal investigation (Attachment of suspect photographs) and a message related to the use of a card;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal history of the suspect and whether the suspect is a repeated crime);

1. Relevant laws, Article 329 of the Criminal Act (Section 329 of the Criminal Act), Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Financial Business for Credit Specialized, and Article 70(1)3 of the Criminal Act.

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