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(영문) 수원지방법원 2018.05.17 2017고단7955

절도등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of larceny is acquitted.

Reasons

Punishment of the crime

It is recognized differently from the facts charged to the extent that it is recognized as identical to the facts charged and it is not likely to substantially disadvantage the defendant's defense right.

On September 7, 2017, the Defendant, at around 04:40 on September 7, 2017, was working with F and his male-friendly tool and was in a multi-investment agenda with F and a multi-investment agenda.

In F, after taking one card out within the boundary of F, it presented it to the employees of the above main point, and settled the amount equivalent to 63,000 won with the drinking value.

Accordingly, the Defendant, by deceiving the above victim, acquired property benefits equivalent to KRW 63,00, and used the credit card that escaped from the possession of F without a legitimate title.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Reports of internal investigation (Statement of the President of the E Association);

1. Application of the radioactive Acts and subordinate statutes kept with the card;

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (a) and the choice of fines, respectively;

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

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the amount of damage is minor and most of it is the price for the alcoholic beverage, etc. ordered before the defendant's daily participation; the defendant could have misunderstood that F will consent; the first offender is a penalty suspended in advance: a fine not exceeding 500,000 won; and a penalty not exceeding 100,000 won per day).

1. Of the facts charged in the instant case, the Defendant, at around 04:40 on September 7, 2017, at the point of “E” located in Young-si Suwon District C, around 04:40 on September 7, 2017, followed the creb in which the Defendant’s daily behaviors come to go to the victim F and Si, and took one copy of the card, which is owned by the victim, by other victims.

As a result, the theft was committed.

2. The use of another person's property without the consent of the possessor.