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(영문) 인천지방법원 2016.10.21 2016고단5997

절도등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant: (a) around 08:00 on July 12, 2016, at the Gannam apartment 104 parking lot located in Yeonsu-gu Incheon, Incheon, the Defendant: (b) placed a day on which the Victim B was parked in the 104 driver’s seat kidow; (c) opened a string door, and opened a string door to remove the corrective device; and (d) took a 70,000 won in cash owned by the Victim, which was placed on the 2nd World Cup; (b) brought a theft of KRW 500,000 in the market value on which the Plaintiff was parked in the 104 driver’s license.

2. On July 12, 2016, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased a Hcarra, 1,519,050 (1), 18-5 leasing business (1, and Kamera), which was stolen, at the Gmera store managed by the victim F, on the fifth floor of the E department store located in Nam-gu Incheon, Nam-gu, Incheon; and (b) paid a stolen national card, citing the completion of the Bamera as one’s own act.

The Defendant received the above goods from the victim, and acquired the pecuniary benefits equivalent to KRW 1,519,050, and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles, photographs of seized articles, damaged vehicles, and details of unlawful use of credit cards;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards, the selection of fines).

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that there is no need to punish the Defendant in that the Defendant committed the instant crime during the period of repeated crime for the reason of sentencing, but the amount of damage is recognized.