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(영문) 수원지방법원 안양지원 2018.01.23 2017고단1781

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2017, Defendant C opened a door of a vehicle parked in front of the E Hot Spring E located in the new wall around 100,000 won in cash owned by the victim, No. 100,000 won in the vehicle, No. 1 credit card of the Nonghyup Bank, and one credit card card of the new bank.

Accordingly, the defendant C stolen the victim's property together with the defendant C.

2. On June 9, 2017, the Defendant and Defendant C in violation of the Act on Special Cases of Finance Industry related to fraud using computers, etc., paid KRW 110,00,000 to the “I gas station” in the “I gas station” located in P in Hysung-si around 03:39, 2017 using unmanned settlement devices, and Defendant C, as if Defendant C was the legitimate owner of FF’s credit card and new bank credit card without authority, was exempted from paying KRW 110,00,000,000 to obtain economic benefits equivalent to the amount, and used stolen credit cards.

3. On June 9, 2017, Defendant C purchased goods of KRW 257,950 in total, such as tobacco, fruit, drinking water, etc., at “K”, which is a convenience store located in the J of Sungsung-si on the part of June 9, 2017, and Defendant C, on the part of Defendant and Defendant C, as if Defendant C were the legitimate owner of the credit card bank in the name of F and the new bank credit card, presented two copies of the said card, and used the stolen credit card after receiving goods such as tobacco, fruit, drinking water, etc.

Summary of Evidence

1. Legal statement of the defendant and his superior defendant C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on card transactions;

1. Article 331(2) and Article 331(1) of the Criminal Act (special larceny) regarding criminal facts, Articles 347(1) and 30 of the Criminal Act (the point of fraud, the choice of imprisonment, and the choice of punishment) of the Criminal Act, and the Criminal Act.