beta
(영문) 서울동부지방법원 2017.04.19 2016고단4473

특수절도등

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. From July 28, 2016, around 05:30 on July 28, 2016, the Defendants used the gap in E’s street, the victim F, the victim G while under the influence of alcohol, and the victim G, and Defendant A used the difference in the market price as Defendant B, one of which includes the victim F, the victim F, the national bank, the company bank, the credit card, and the mobile phone, and continuously stolen the same, and continuously, the Defendants used the same as Defendant B a card with one card owned by the victim G, one of which was owned by the victim.

2. The Defendants in collusion with the Defendants in violation of the Act on the Financial Business Specializing in Fraud and Credit, on July 28, 2016, in the “I Et” located in Gangdong-gu Seoul Metropolitan Government H, and the Defendants purchased tobacco 1 A, and Defendant B, while purchasing tobacco, was stolen as stated in the facts charged No. 1.

G’s new physical card was presented as if the Defendants were the card, and acquired the amount of KRW 4,500 at the market price of tobacco 1 A and used the stolen credit card illegally.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 331(2) and (1) of the Criminal Act; Article 347(1)3 of the Act on Business Specializing in Credit; Article 70(1)3 of the Act on Business Specializing in Credit; Article 30 of the Criminal Act; Articles 30 of the Criminal Act; and each choice of imprisonment;

1. Defendant B’s mitigated juvenile offenses: Articles 2 and 60 of the Juvenile Act, Article 55(1)3 of the Criminal Act, and Article 55(1)3 of the Criminal Act;

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. Defendant A who is to be mitigated: Articles 11 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act

1. Defendants to observe the protection and community service order: The reasons for sentencing under Article 62-2 of the Criminal Act (determination of sentence): six months of imprisonment, two years of suspended sentence, observation of protection and community service (former imprisonment: six months of imprisonment with prison labor for Defendant A, six months of long-term imprisonment with prison labor for Defendant B, six months of short-term and four months).