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(영문) 수원지방법원 2012.12.06 2012고단5054
사기등
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A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On February 10, 2011, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for fraud, etc. and completed the execution of the said sentence on January 5, 2012.

1. On September 3, 2012, at around 13:00 on September 3, 2012, the Defendant: (a) parked the victim D’s vehicle; (b) opened a contact with the right side of the driver’s seat while driving it by Osan EM, Osan-si; and (c) stolen the vehicle with one debit card owned by the victim.

2. On September 16, 2012, around 17:51, 2012, the Defendant: (a) had 2 soldiers on the Furgy point at the Furgy point; (b) had the employees of the Furgy point by deceiving the employees of the Furgy point by presenting the stolen agricultural debit card as if he were his debit card as indicated in paragraph (1); and (c) had the employees exempted from paying KRW 2,90 of the sales proceeds of the 2,00 per week from the tin, thereby obtaining pecuniary benefits equivalent to the said amount; and (d) used the stolen debit card from the time to September 19:43, 2012, including the use of the stolen debit card; and (e) had the victims informed the victims of the financial benefits worth KRW 137,000,000, and used the stolen debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Police statements prepared by H;

1. Investigation report (Investigation into details of use of postal cards);

1. Application of Acts and subordinate statutes to investigation reports (prior convictions and confirmation of the same offense);

1. Article 329 (Selection of Imprisonment) and (2) of the Criminal Act: Article 347 (1) of the Criminal Act; Article 70 (1) 3 of the Specialized Credit Financial Business Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have already been punished by imprisonment with prison labor through larceny, etc. in the past several times, but the defendant has been also punished by the same type of crime during the repeated crime period. As such, the defendant is inevitable to be punished by the crime.

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