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(영문) 광주지방법원 2016.11.16 2016고단3946

절도등

Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

On May 28, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor in the Gwangju District Court for larceny, etc. and completed the execution of the sentence in the Gwangju Prison on October 12, 2014.

1. At around 10:40 on August 14, 2016, the Defendant: (a) opened a gate and a gate, which was not corrected for the victim D’s residence in Gwangju Mine-gu; and (b) intruded into the living room and stolen the victim’s name, with three e-mail cards, BC e-mail cards, and national bank e-mail cards.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. Violation of the Specialized Credit Financial Business Act and fraud;

A. On August 14, 2016, the Defendant: (a) around 10:45, the Defendant was issued a gold-line equivalent to KRW 1,295,00,000, by citing that the physical-line card was stolen as described in paragraph (1) from “F” bank located in Gwangju Mine-gu, Gwangju, to the victim G, a business owner of which was located.

Accordingly, the Defendant, by deceiving the victim, received property, and used the stolen debit card unlawfully.

B. On August 14, 2016, around 10:54, the Defendant issued to the victim J, a business owner of “I” bank located in Gwangju Mine-gu, one of which was stolen, as described in paragraph 1, with the same method, one of the instant physical cards was presented to the victim J, as stated in paragraph 1, and was issued a gold bar worth of KRW 1,280,000.

Accordingly, the Defendant, by deceiving the victim, received property, and used the stolen debit card unlawfully.

C. On August 14, 2016, at around 11:16, the Defendant received KRW 90,000,000, including the amount of tobacco 2:00, tobacco 2:5,000, and tobacco 45,000, by presenting a physical card to the victim as described in paragraph (1), from the upper point of “M” operated by the victim L in the Gwangju Mine-gu, Gwangju, as indicated in paragraph (1).

Accordingly, the Defendant, by deceiving the victim, received the property, and used the stolen debit card unlawfully.

The Defendant around 11:28 on August 14, 2016.