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(영문) 대구지방법원 2017.01.06 2016고단5623
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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. On October 5, 2016, the Defendant: (a) no more than 14:00, the Daegu-gu building C where the victim B was in a relationship with the Defendant; (b) no more than 103, the victim’s wall card was taken out from the victim’s wall who was in a sofacion by taking advantage of the gaps where the victim’s surveillance was neglected; and (c) one copy of the Korean bank check

In other words, they stolen them.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On October 5, 2016, the Defendant, at around 14:17, 2016, conducted as if the Defendant was a lawful holder of the National Bank Cream Card, which was stolen, as in paragraph 1, from “the number of Samsung Digital F&M lines” located in 2331, as of the Daegu Suwon-gu F&M, and presented it to the victim E, who is an employee, and paid the purchase price of KRW 3.560,000,000 in total at the market price, when purchasing two No. 3.5660,000 in the above physical card.

B. On October 5, 2016, around 15:02, the Defendant: (a) conducted as if he/she was a lawful holder of the B’s physical fitness card, which was stolen from “G” located in Daegu-gu, Daegu-gu, as prescribed in paragraph (1) of this Article; (b) presented it to the victim H, who is an employee, and paid KRW 437,000,000, purchase price of KRW 437,000, when purchasing new shoes and clothes equivalent to the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of E and H;

1. Application of Acts and subordinate statutes to a investigative report (a copy of a detailed statement of approval for a physical card), investigation report (a photographic attachment ofCCTV recording data);

1. Relevant laws concerning facts constituting an offense, Article 329 of the Criminal Act of the choice of punishment (a point of intention), Article 347 of the Criminal Act (a point of fraud), Article 347 of the Criminal Act (a point of fraud), Article 70 (1) 3 (a point of use of each stolen credit card), and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act was that the accused was subject to juvenile protective disposition several times due to the same crime, and that the accused was sentenced to a suspended sentence of imprisonment in 2010 and 2013.

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