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(영문) 대구지방법원서부지원 2020.11.11 2019고단3086
사기등
Text

A defendant shall be punished by imprisonment for six 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. At around 02:00 on August 17, 2019, the Defendant thieved the Victim B and one influored person with no name, with drinking alcohol and drinking alcohol together through the Internet club consumption in Jung-gu, Daegu.

At around 07:00 on the same day, the Defendant carried out one mobile phone with approximately KRW 500,000,000 of the market price owned by the victim B, where the victim B was placed in a cret or a cret, with one mobile phone, DNA card (credit number E), and F physical card (credit number G).

Accordingly, the defendant stolen the victim's property.

2. On August 17, 2019, the Defendant settled accommodation charges of KRW 147,00 from the victim Daegu-gu, Daegu-gu, as set forth in paragraph (1), with the stolen-do F-B’s F physical card, and was committed as if the Defendant had the lawful right to use the said cream card.

As a result, the Defendant used the stolen physical card, deceiving the employees of the above hotel whose name is unknown, and received the service of using the hotel room equivalent to 147,000 won from the above employees. From that time to 16:41 on the same day, the Defendant used the stolen physical card as above 15 times in total, and acquired the property or property benefits equivalent to the total amount of 714,700 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (on-site situations, etc.);

1. Records of seizure and the list of seizure;

1. Application of photographs, photographs, etc., the details of domestic approval and inquiry, and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the occupation of using stolen credit cards, etc.), Article 347 (1) of the Criminal 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 that the defendant has already been punished by larceny three times.

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