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(영문) 서울남부지방법원 2013.12.30 2013고단3266
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A thief: (a) around 01:00 on August 25, 2013, the Defendant: (b) opened the “Cata club” located in Yeongdeungpo-gu Seoul Metropolitan Government, with the table table of the victim D; and (c) stolen Samsung Credit Card No. 1, which was opened on the table table for the victim’s calculation.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. On August 25, 2013, around 01:30 on August 25, 2013, the Defendant purchased brush and shampoo, etc. equivalent to a total of 28,250 won at the F convenience stores located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and offered the stolen credit card to the victim’s name, who is his/her employee as if he/she were the Defendant’s credit card, and used the stolen credit card by issuing and issuing sales slips as if he/she were the Defendant’s credit card, and the Defendant was issued the victim

B. At around 02:00 on the same day, the Defendant purchased satisfaction, tenant, etc. equivalent to the total market value of KRW 25,000 from “H restaurant” located in Yeongdeungpo-gu Seoul Metropolitan Government, presented the stolen credit card to his/her employees as if he/she were the Defendant’s credit card, and then used the stolen credit card by preparing and issuing sales slips as if he/she were the Defendant’s credit card, and the victim received satisfaction, tenant, etc. equivalent to the same amount from the victim.

Accordingly, the defendant used stolen credit cards twice, and received property equivalent to the total market value of 53,250 won by deceiving victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Application of Acts and subordinate statutes on sales slips using cards and photographs;

1. Relevant provisions of the Criminal Act concerning criminal facts; Articles 347 (1) and 329 (1) of the Criminal Act; Article 70 (1) 3 of the Specialized Credit Finance Business Act;

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

1. The suspended sentence is to make a confession of the crime under Article 62 (1) of the Criminal Act, and its depth is divided;

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