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(영문) 의정부지방법원 2017.06.14 2017고단2194
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. and was released on March 30, 2016 at a governmental prison on March 30, 2016 during the execution of the sentence, and the execution of the sentence was terminated on June 22, 2016. On January 12, 2017, the Defendant was detained on the grounds of habitual larceny, etc. and is still pending in the appellate court at the jurisdiction of the Jung-gu District Court.

1. The Defendant’s fraud: Simsan-si, Simyang-si on December 8, 2016;

B. At the convenience store C, she presented D’s Saemaul credit card which was stolen on the same day to an employee as if he had been a legitimate owner, and she received from the above employee the goods amounting to KRW 75,000 in total of market prices, such as vain lin, call dives, and mera, from the above employee, and obtained the goods worth KRW 572,570,000 from the victims five times in total from the date of the same day until 07:05 of the same day, such as the list of crimes in the attached list of crimes.

2. The Defendant violated the Act on Specialized Credit Financial Business, at the same time, at the same place as stated in paragraph 1, used D’s Saemaul Treasury Card, and Nonghyup Card, which was stolen on seven occasions, as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the police statement made to D;

1. Copy of the E statement;

1. A written confirmation of transactions of deposits and withdrawals / A card trading details;

1. Investigation report (investigation into card users);

1. A credit card receipt;

1. A previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, a copy of written indictment, a copy of written opinion, a copy of the judgment, a criminal investigation report (verification of submission of a petition of appeal and a statement of reasons for appeal), the progress of a trial, a report on the results of confirmation of the previous conviction of disposition

1. Article 347 (1) of the Criminal Act applicable to the facts constituting a crime (the point of fraud) and Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the point of violation of the Act on Special Credit Financial Business);

1. Selection of each sentence of imprisonment;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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