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(영문) 인천지방법원 부천지원 2017.01.05 2016고단2992
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who has a habit of drinking alcohol.

1. The Defendant, on October 18, 2016, opened a steering gate that was parked on the road front B at Seocheon-si, Busan on October 18, 2016, and took up KRW 15,000 in cash from the wallet that was located in the Handbag, which was located there, for the victim’s D, one box card, one new card, 5,000 won for a new world merchandise coupon, 2, 15,000 won for cash.

L. A. L. theft was committed.

2. On October 18, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) issued an order to pay the victim’s normal drinking value at G main points operated by the Victim F in Bupyeong-si, Bupyeong-si, as if he would pay the victim’s normal drinking value; and (b) presented a new card owned by D if he/she was a credit card under his/her own denied name, and (c) paid 300,000 won.

However, since the above credit card was stolen as stated in paragraph 1, the defendant did not have the right to use the above credit card.

The Defendant had the victim prepare a credit card sales slips and pay 300,000 won by signing at the same place.

Accordingly, the defendant acquired property benefits by deceiving the victim, and used stolen credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Receipts:

1. Application of each statute on photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen credit cards), and the choice of imprisonment, respectively;

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 necessity of medical treatment orders under Article 62-2 of the Criminal Act, the necessity of medical treatment orders under Article 44-2 of the Act on the Medical Treatment, Care, Custody, etc., and the reason for sentencing [the scope of recommended punishment] for general property.

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