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(영문) 의정부지방법원 고양지원 2013.04.19 2012고단255 (1)

특수절도등

Text

A defendant shall be punished by imprisonment for one year.

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. A special larceny Defendant and D around 09:00 on October 9, 201, at the office of the “Fols Association” on the fifth floor of the Goyang-gu E building in Gyeyang-gu, Seoyang-gu, Yangyang-si, after confirming the existence of any outside of the office, and finding out the victim C’s bags, and reporting the network out of the office, and the Defendant entered the office, and went out of the office the amount of cash 30,000 won owned by the victim, agricultural debit cards, one citizen debit card, one Samsung card, one Samsung card, one resident registration certificate, etc.

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

2. The Defendant, along with D, went to the above office with no intention to steal the victim C’s property at the same time and place as that set forth in the preceding paragraph.

Accordingly, the Defendant conspiredd with D to the above office managed by the victim.

3. On October 23, 201, the Defendant violated the Fraud and the Specialized Credit Financial Business Act, along with D, purchased food, such as the upper limit grassland, at the I point operated by the victim H in Goyang-gu G from around 23:20 to 23:26 of the same day, and made payments for the purchase of the same at the I point operated by the victim H of Goyang-gu G. D. In order to pay the price, D presented the NA’s debit card, as in paragraph (1), and the Defendant, as in paragraph (1), led the Defendant to suggest the NAC’s debit card, which was stolen as in paragraph (1), and deceiving an employee whose name

In collusion with D, the Defendant received food equivalent to KRW 30,200 in total on three occasions from the fraudulent employee, and settled the price with the above agricultural cooperative debit card and used the stolen debit card.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or D;

1. C’s statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes, such as card slips and photographic materials;

1. Article 331(2) of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts;