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(영문) 부산지방법원 서부지원 2021.02.03 2020고단1009

야간건조물침입절도등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

(B) one (No. 2) (No. 2) shall be returned to the victim B.

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. On October 4, 2019, the Defendant, at the Busan Western bus terminal located in 201, due to the ideology of the Busan Western City, took one chapter of the Samsung Credit Card lost by the victim C, and did not take necessary procedures, such as returning it to the victim, and did so.

B. The Defendant acquired a new credit card copy lost by the victim B at the above date, time, and place, but did not take necessary procedures such as returning it to the victim and did so.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

2. On February 19, 2020, the Defendant: (a) around 04:00 on February 19, 2020, the Defendant: (b) opened a cresh in which the nameless security guards are located and intruded into the D apartment guard room; and (c) carried a copy of the Victim E’s CB’s CB’s physical card.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

3. Violation of Acts in financial business specializing in fraud and credit finance;

A. On February 19, 2020, the Defendant purchased food equivalent to KRW 3,500,000 at H convenience stores operated by G located in Busan Sho-gu, Busan, by presenting E’s physical fitness card to employees in the name of the victim, as if he was his card, as in paragraph (2).

B. On the same day as in the preceding paragraph, the Defendant, at around 06:43, presented E’s physical fitness card that was stolen as in paragraph 2, and purchased foods worth KRW 5,400,00 at the market price, as if it was one’s card that was completed to an employee in the name of the victim.

Accordingly, the defendant deceivings the victim, and used the cream card that stolen by receiving property from the injured party.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The protocol of seizure and list of the respective police statements G in relation to E and C;

1. Report on internal investigation (on the scene of crime);