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(영문) 서울중앙지방법원 2014.05.14 2014고단108

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

For a man of the empty land of heading 4 to 6 among the voltages 1, 2014 seized.

Reasons

Punishment of the crime

"2014 Highest 108"

1. A thief and the Defendant, around December 2013, intruded the victim C’s house in Dongjak-gu Seoul Metropolitan Government by means of a entrance that was not set up in front of the victim C’s house in Dongjak-gu, Seoul, and was placed at that place, and was stolen with the above victim’s resident registration certificate, driver’s license, or debit card of the community credit cooperative.

2. At night, around 02:00 on December 9, 2013, the Defendant invaded the house through a stamper that was not set up in front of the victim F’s house located in Dongjak-gu Seoul Metropolitan Government, and then, 10,000 won CJ merchandise coupons 5,00 won in the indictment, and 50,000 won merchandise coupons 2 in the indictment. However, according to the F’s written statement of statement of the police (Investigation Record 69 pages), it is recognized that “10,00 won merchandise coupons 5,00” is “five in the statement hearing of the damaged goods to the said victim” (the prosecutor’s office is the same in hearing of the damaged goods to the said victim). Since there is a change favorable to the Defendant, favorable to the Defendant, and there is no impediment to the Defendant’s exercise of the Defendant’s right to defense, it is recognized without modification to the indictment.

10,000 won gift certificates, cash KRW 300,000, credit cards and driver's license are included, and they stolen them.

3. On December 9, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased a 1,500 won of the market price at the G convenience store in the part of the victim’s operation where it is impossible to identify the name located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government; (b) pretended as if the Defendant had a legitimate authority to use the stolen F’s e-mail card; (c) made H, an employee of the Defendant, prepare a 1,500 foot sales slip using the e-mail card; and (d) signed the signature column.

Accordingly, the defendant is issued a life amounting to KRW 1,500 of the market price by H believed that he/she has legitimate authority to use the above citizen's physical card.