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(영문) 제주지방법원 2013.10.30 2013고단1261

절도등

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

On February 7, 2013, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Jeju District Court on February 7, 2013, which became final and conclusive on February 15, 2013.

1. A theft: (a) around 02:00 on November 25, 2012, the Defendant discovered F.p. F.p. vehicle owned by the victim E, which was parked in D’s alleyway located in Jeju-si, and opened a door-to-face not locked by using any cresh outside the surrounding area; and (b) stolen the vehicle with one credit card of a national bank and ten thousand won in cash, which was located there.

2. On November 25, 2012, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased a stolen credit card at the Horse point managed by the Victim G in Jeju City, and (b) presented it to the victim as if there was a legitimate right to use the stolen credit card; and (c) had the victim pay KRW 1,000 with the said credit card.

As a result, the Defendant, by deceiving the victim, acquired a substantial amount of property benefits, acquired a stolen credit card and acquired a total of 302,400 won, such as the entry of the attached list of crimes, and used a stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each credit card sales slip;

1. A previous conviction: An inquiry report, the ordinary records of disposition, the results of confirmation, and the application of Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act and the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are the same as making soup without a specific residence.