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(영문) 서울동부지방법원 2016.09.07 2016고단1153

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At night, around 18:00 on December 30, 2015, the Defendant: (a) removed a screen screen of the window window installed in the main room of the said residence by using the Raber prepared in advance in the victim B’s residence located in Gangdong-gu Seoul, Gangdong-gu; (b) invaded into the said residence through the inner and the main window; and (c) stolen with four panty lines equivalent to the amount of KRW 158,000 in the market price, and with four panty lines equivalent to the amount of KRW 3,90 in the market price.

2. Around 18:53 on the same day, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented to his employees a stolen credit card on the D convenience store located in Gangdong-gu Seoul Metropolitan Government as above; (b) received 2 Adraf tobacco equivalent to the market price of KRW 9,00 from the above employees; (c) received 2 Adraf tobacco equivalent to 9,000; and (d) received the victims’ property by the same method four times in total as indicated in the list of crimes, including using stolen credit cards; and (d) used the stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Receipts;

1. Application of police seizure records and list statutes;

1. Relevant legal provisions concerning criminal facts, Articles 330 and 347 (1) of the Criminal Act of the choice of punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act (or choice of each imprisonment with prison labor for the use of fraud and theft card);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment, the confession and reflect of the crime in this case, and the fact that it appears to be the crime following the living conditions);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;