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(영문) 서울북부지방법원 2015.07.03 2014고단2733

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 01:40 on March 26, 2014, the Defendant: (a) took care of the second floor of the C factory in Chungcheongnam-gun, Chungcheongnam-gun; (b) took care of the clothes of the employees of the said factory who were frighted in the aftermath, and took care of it; and (c) took care of the victim E’s rapid frighting 30,000 won at the market price owned by the victim E; and (d) the Defendant took care of the above victim’s identification card owned by the victim F; and (c) took care of the verification frighting 20,000 won at the market price of the said victim’s G 89,000 won, which was later owned by the Defendant.

Accordingly, the defendant stolen the victims' property together with D.

2. Around 08:27 March 25, 2014, the Defendant, in collusion with the above D, purchased a wring-down wring-down wald at the J agency operated by the victim I located in Chungcheongnam-nam Budget-gun, and settled KRW 180,000, by suggesting that he was the Defendant’s card without knowledge of the fact, as described in paragraph (1).

3. The Defendant violated the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) committed an unlawful use of the stolen physical card by settling KRW 180,00 by using the Nonghyup Card, which was stolen, at the time and place specified in paragraph 2, as described in paragraph 1.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. The police statement concerning F;

1. Each written statement of E and G preparation;

1. Duplication of sales slips for the Nonghyup Card;

1. Application of statutes on the site and photographs of damaged articles;

1. Relevant Articles 331(2) and (1) and 347(1) of the Criminal Act concerning facts constituting an offense, Article 70(1)3 of the Specialized Credit Financial Business Act, and Article 30 of the Criminal Act ( selection of each imprisonment with prison labor concerning fraud and a violation of the Specialized Credit Financial Business Act);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;