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(영문) 부산지방법원 2019.06.26 2018고단3251
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 1, 2018, around 05:05, the Defendant: (a) brought 4th floor of “Crup soup crying crying crying crying b, Busan Geum-gu; (b) brought the victim D (Nam, 31 years of age) who was locked up and left the head of the head and brought up the clothes 5,000 won in cash owned by the victim; (c) one credit card of the new bank; (d) one physical card; and (e) one corporate card; and (e) 200,000 won in market value on the part of the corporate card.

Accordingly, the defendant stolen the victim's property.

2. On July 1, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased 2nd cigarette of “reflue Blue” tobacco equivalent to the market price of KRW 9,000 at the G convenience point of the victim F’s operation located in Geumcheon-gu, Busan; (b) paid 9,000 with a credit card in the name of D, as he was the legitimate licensee, as in paragraph (1), and received 2nd tobacco of the market price of KRW 9,000 from the victim who believed that he would be a normal settlement; (c) from around that time, D used a stolen credit card; and (d) received 10,000 won in total by the same method from around that time until around 06:57 of the same day, as in the list of crimes, and D used a stolen credit card.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Each statement of F, H, I, J, and K;

1. Application of the Acts and subordinate statutes to a investigative report (CCTV image and reception attachment);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards) and the choice of imprisonment, respectively;

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

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