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(영문) 춘천지방법원 강릉지원 2016.05.04 2016고단135

절도등

Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendants committed larceny at “E” entertainment stations located in Gangnam-si, Gangnam-si, and around 04:0 on December 23, 2015, the Defendants: (a) while drinking alcohol together with the victim F who became aware of the same day on the same day with the victim F; (b) the Defendant A, one credit card card of the SK club owned by the victim, one of the victims, was displayed to Defendant B; and (c) the Defendant B consented, and Defendant A, upon receiving the said credit card, brought the said card into catus.

The Defendants conspired to steal the victim’s property as above.

2. On December 23, 2015, the Defendants purchased a first call set at the convenience store in the operation of the victim H located in Gangseo-si, Gangseo-si, Y on December 23, 2015, and paid the price by presenting the stolen credit card as if the Defendants were the card of the Defendants, and the Defendants were issued a first call set amounting to KRW 7,000 from the damaged party, and the stolen credit card was used unlawfully, as shown in the list of crimes in the attached Table on the same day, and received the delivery of the goods, etc. by settling the price with the said credit card 11 times in total on the same day.

As above, the Defendants conspired, thereby inducing victims to receive property or pecuniary benefits, and illegally used stolen credit cards.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made with respect to J, K, L, M, N, and H;

1. A written statement;

1. Each credit card table (23-28 pages of investigation records);

1. Application of the Acts and subordinate statutes to photographs by capturing each CCTV image;

1. The thief’s violation of the relevant provisions of the law and the judgment of the choice of punishment (the Defendants): The Defendants’ fraud as stated in Articles 329 and 30 of the Criminal Act (the choice of each fine).