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(영문) 춘천지방법원 2019.09.19 2019고단664
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 22, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the District Court for the Defendant on March 22, 2016, and completed the execution of the sentence on March 15, 2018.

1. On October 4, 2018, the Defendant stolen a mobile phone worth KRW 1,00,000, which included one card from the victim B, which was suffering from a suspect, by taking advantage of the gaps of surveillance in the reading room on the third floor of the “Paju City Central Library” located in the location, around 16:00 and the third floor reading room of the “Paju City Central Library”.

2. Fraud;

A. The Defendant, at around 17:27 on the same day as in the preceding paragraph, presented a new card in the name of B, which was stolen, as in the preceding paragraph, to the victim E, who is the owner of the business, at around 17:27 on the same day as in the preceding paragraph, and had the victim make a settlement as his/her own, and was provided with one stuff by the victim.

B. At around 18:42 on the same day, the Defendant presented a new card in the name of “G” located in F in P in P in P in P in P in P in P in P in P in P in P in P in the above manner to the victim H in his/her own place and had him/her settle the card as above, and he/she received call from the victim in the amount of KRW 17,000 as the market price.

3. The Defendant attempted to commit fraud, at around 18:43 on the same day, presented to the victim J, who is the owner of the stolen B, a new card in his/her own name, and had him/her settle it as his/her own, and even though he/she did not receive a 14,400 won worth of the market price from the victim, the Defendant did not commit an attempted crime due to the refusal of approval related to the stolen card.

4. The Defendant violated the Specialized Credit Financial Business Act: (a) presented a stolen credit card under B’s name, at the same time and at the same place as the above 2.2.3. and (b) and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. W, E, H and J Statements;

1. The details of each receipt and letter received;

1. Previouss before judgment: Criminal history records;

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