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(영문) 부산지방법원 2019.06.12 2019고단531
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. On October 29, 2018, the Defendant: (a) around 08:05 on the street in front of the building in Busan, Busan, Busan, the Defendant: (b) laid down a new corporate card owned by the victim D (Nam, 46 years of age) who is the cause of delivery of C or a vehicle for delivery of C or a vehicle for delivery; (c) opened a string door for which the said vehicle was not corrected; and (d) opened a string door for which the said vehicle was not corrected; and (d) removed one copy of the new corporate card owned by the victim and kept in the space under the radio boxes.

2. 사기 및 여신전문금융업법위반 피고인은 2018. 10. 29. 08:31경 부산 부산진구 F 소재 피해자 G(남, 45세)이 관리하는 ‘H편의점’에서, 시가 합계 5,000원 상당의 생탁 막걸리 1병, 맛밤 1개를 구입하면서 피해자에게 전항 기재와 같이 절취한 신한 법인카드를 마치 자신에게 정당한 사용권한이 있는 것처럼 제시한 후 결제한 다음 위 물품을 교부받아 편취하고, 도난당한 신용카드를 사용하였다.

In addition, from that time until 16:06 of the same day, the Defendant purchased goods equivalent to 176,300 won in total in the same manner as in the list of crimes in Busan City in the same manner at the time, presented the new corporate card that was stolen, such as the written in the preceding paragraph, as if he had been duly entitled to use the stolen corporate card, and then acquired the relevant goods and acquired the stolen credit card and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV photographs taken with the surface of a theft;

1. Application of Acts and subordinate statutes on credit card transactions;

1. Relevant legal provisions concerning criminal facts under Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the small amount of damage and the living-type criminal.

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