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(영문) 인천지방법원 부천지원 2016.03.31 2015고단1353
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 16, 2015, the Defendant embezzled, on the part of the Defendant: (a) around 03:00 to 04:00, the Defendant: (b) did not take necessary procedures, such as acquiring one credit card of a new bank owned by the victim B, who was lost by the victim B, and returning it to the victim; and (c) embezzled.

2. On March 16, 2015, the Defendant, in violation of the Act on Financial Business Specializing in Fraud and Credit Business, purchased 1,30,000 won of the market price from E operated by the victim D in Dongjak-gu Seoul Metropolitan Government around March 16, 201, and presented B credit cards acquired as described in paragraph 1.

However, the defendant did not have the right to use the above credit card because it was not a legitimate holder.

Nevertheless, the Defendant: (a) committed an act as if the said credit card was a lawful holder of the said credit card; (b) by deceiving the victim; (c) let the victim settle the said amount with the said credit card; and (d) from that time to December 12 of the said day, the Defendant received the said amount by means of the said credit card; and (c) obtained the total amount of KRW 1,86,500 from five victims on seven occasions, such as the list of crimes in the attached list of crimes, and used the lost credit card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to seizure records and lists, and personal approval statements for credit cards;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for each crime, Article 347(1)3 of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (the use of lost credit cards), Article 360(1) of the Criminal Act (the use of lost credit cards), and the selection of imprisonment for each of the following:

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

3. The sentence shall be determined as ordered in consideration of the fact that the reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is relatively minor and that there is only one time before and after the sentence of a fine, etc.

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