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(영문) 수원지방법원 여주지원 2017.02.08 2016고단1463

절도등

Text

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

Reasons

Punishment of the crime

[Power of crime] The Defendant was sentenced to three years of imprisonment by larceny, etc. at the Seoul Northern District Court on August 29, 2013, and was sentenced to a repeated crime on May 15, 2016.

[Criminal facts]

1. At around 00:00 on November 13, 2016, the Defendant: (a) cut off the victim D and alcohol at a dormitory located in Echeon-si C Stud 1, 203, with 880,000 won, the victim’s market price, which is the victim’s ownership, when the victim jumbal jus, was under the influence of alcohol, and 50,000 won, which is the victim’s ownership in Samsung gallon case; and (b) 1,10,000 won, the victim’s ownership in Samsung gallon case, and 50,000 won, the victim’s ownership in Samsung gallon; (c) 6,100,000 won, and 1,000 corporate bank C’s physical card; and (d) 1, national bank C’s physical card.

2. On November 13, 2016, at around 04:31, 201, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, on a taxi driven by the victim’s name in the vicinity of the place indicated in the foregoing paragraph 1, and deceiving the victim by presenting it to the victim, as stated in the foregoing paragraph 1, as the Defendant took advantage of the victim’s name in the taxi, and used the victim’s check by inducing the victim to settle the amount equivalent to KRW 90,000 with the above physical card, thereby obtaining pecuniary benefits equivalent to the amount of KRW 90,00,00, and using the stolen physical card by using the stolen physical card, such as using the stolen physical card, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on occurrence of a disaster;

1. Statement of separate accounts;

1. CCTV images of a E rest area;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the date of release of a suspect) statute;

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

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

1. The aggravated Criminal Act for concurrent crimes.