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(영문) 인천지방법원 부천지원 2019.03.14 2018고단1971
사기등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 03:21 on May 6, 2018, the Defendant: (a) committed theft with a 'C', which is located in Bupyeong-si B; (b) the victim D left oil in Oralba; and (c) the crebs in which he did not extract cards from primary abandonment, with a e- card, which is located in another victim’s possession.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On May 6, 2018, the Defendant presented the above card to the above employee of the gas station, who was the victim under his/her name, as if he/she was his/her card, as the card was, and received oil equivalent to KRW 50,00 from the victim.

B. On May 6, 2018, around 04:47, the Defendant presented the said card as a settlement means to the point that is the victim of non-name, as if the card was one’s own card, and received from the victim an alcoholic beverage and an alcoholic beverage equivalent to KRW 5.90,00 in total at the market price.

C. On May 6, 2018, around 05:31, the Defendant presented the card as a means of settlement to the occupying party, who is a victim with no name, as if he/she was his/her card, and received an alcoholic beverage and a share equivalent to KRW 500,000 in total at the market price from the victim.

Accordingly, the Defendant received property or acquired property benefits equivalent to KRW 1140,000 in total on three occasions, and used the stolen credit card illegally as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. A report on investigation (the details of arrest of a suspect);

1. A fire-proof report (related to the verification of CCTVs at the site) and photographs taken by capturing the CCTV images attached thereto;

1. Application of Acts and subordinate statutes governing a written confirmation of repayment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (hereafter collectively referred to as "the illegal use of each stolen credit card"), 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 and Article 38(1) of the Criminal Act are applicable;

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