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(영문) 부산지방법원 서부지원 2018.06.07 2017고단1625
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 11, 2014, the Defendant was sentenced to three years of imprisonment for special robbery, etc. at the Busan District Court, and completed the execution of the sentence in Busan Correctional Institution on December 3, 2016.

[Criminal facts]

1. On September 29, 2017, the Defendant: (a) around 19:32 on September 29, 2017, 110,000 won in cash owned by the victim E, which was placed on his/her own in the Scam smoking room located in Busan Seo-gu, Busan; (b) 1,000 won in cash in Busan Bank; (c) 1,000 U.S. C. C. C.; and (d) 1,200,000 won in market price which includes one resident registration certificate.

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

2. On September 29, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around September 19, 2017, the Defendant, who was in violation of the Act, committed the act as if he had the right to normally use the stolen SC Bank’s check, such as the statement in paragraph (1), and (b) ordered the victim to provide the victim with alcohol and alcohol equivalent to a total of KRW 200,000,000 in the market price at the same place; and (c) settled it by the above CC card.

Accordingly, the Defendant, by deceiving the victim, received property and used stolen check cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Previous records: Application of Acts and subordinate statutes to personal acceptance, such as a reply to inquiry, investigation report (Attachment to a copy, etc. of the previous judgment), and a copy, etc. of the judgment, including criminal history;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and the choice of imprisonment for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) the first crime (the scope of punishment for larceny) (the punishment for larceny) is theft against general property;

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