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(영문) 인천지방법원 부천지원 2017.06.29 2017고단1096

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 28, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for night room, theft, etc. at a flood room room, and the parole period expired on January 26, 2017 during the execution of the sentence. < Amended by Presidential Decree No. 27804, Feb. 22, 2017>

[Criminal facts]

1. On May 8, 2017, at night, the Defendant: (a) opened a door that was not corrected in the D principal pipe located in Seocheon-si, Seocheon-si; (b) invaded into the 2nd floor ASY Team husium; (c) opened the victim E’s personal goods stored in the 2nd floor ASY Team; and (d) cut off with cash of KRW 13,000 and walled with the KB national card.

2. Fraud by using E cards;

A. On May 8, 2017, the Defendant obtained a stolen card from the H convenience store operated by the victim G in Busan City F on May 23:39, 2017, by presenting the victim as if the Defendant had completed the card as described in paragraph 1, and obtained a delivery of tobacco equivalent to KRW 9,000 to the Defendant.

B. On May 9, 2017, the Defendant: (a) obtained pecuniary benefits equivalent to an amount of money by avoiding payment of the commission for singing in a singing room operated by the victim J, which was located in Busan on May 9, 2017, by using the said singing room and by presenting the card that was stolen as stated in paragraph (1) to the victim as if the Defendant were the same as that of the Defendant, thereby paying KRW 104,000 of the fee for singing room.

3. At night, on May 9, 2017, the Defendant: (a) opened a D dormitory located in Seocheon-si, Dacheon-si, Dacheon-si; and (b) infringed upon the room of the victim K; (c) carried out a cash of KRW 14,00 and a transportation card, one card, and one card; and (d) stolen a wall containing a Chinese bank card.

4. Fraud by using K's cards;

A. On May 9, 2017, the Defendant presented a stolen card as stated in paragraph (3) to the victim’s convenience store operated by the victim M in Seocheon-si L around 02:57, and KRW 4,500.