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(영문) 제주지방법원 2018.04.17 2018고단201

야간건조물침입절도등

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A defendant shall be punished by imprisonment for not less than eight 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

1. On July 31, 2017, around 22:40, the Defendant: (a) opened and intruded the entrance at the “C” office located in Jeju-si B, and intruded into the office inside the office; and (b) held and stolen a bluson ear up to KRW 60,000 in the market price of the victim D owned by the victim located in the Uwest, and one credit card bank (E) with C, which is managed by the victim stored in the Uwest, at the same location.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On July 31, 2017, around 23:45, the Defendant oiled in the “G” gas station operated by the victim with the name unsound in Jeju city F on July 31, 2017, and, as if the Defendant had a normal settlement authority for the Defendant, presented the stolen credit card to the said victim to obtain pecuniary profits equivalent to KRW 32,00 of the oil price, and used the stolen credit card.

B. On August 1, 2017, the Defendant purchased foodstuffs, such as canned forests and drinking water, at the I convenience store operated by the victim with no name in the H at Jeju on August 1, 2017, the Defendant, as stated in paragraph (1), obtained pecuniary profits equivalent to KRW 49,950 from the price of the goods by presenting the stolen credit card to the said victim as if the Defendant had a normal settlement authority, and used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to inquire into theft photographs, investigation reports (verification of damaged credit cards), and details of credit card transactions;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief by intrusion upon night buildings), Article 347(1) (a) of the Criminal Act, Article 70(1)3 (a) of the Act on Special Cases concerning Credit-Related Financial Business (a inclusive of the use of a theft card, the use of a theft card), the selection of punishment for imprisonment);

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is as follows.