beta
(영문) 의정부지방법원 2016.08.11 2016고단2268

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 24, 2014, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Suwon prison, and completed the execution of the sentence on March 26, 2015 at the original prison.

[Criminal facts]

1. On February 13, 2016, the Defendant: (a) committed theft by taking away a cash of KRW 83,000, an employee E, and a wall with the Nonghyup Card, etc., in a “D cafeteria” located in the Namyang-si, Namyang-si; (b) around 12:30 on February 13, 2016, the Defendant: (c) committed theft; (d) the Defendant, as in paragraph (1) of this Article, committed a theft; (b) the Defendant of the violation of the Act on Finance Specializing in Fraudulent and Credit, using the Nonghyup Card, which

(a) pay 118,00 won for the good as if the F had the right to use the good in around 12:35 on the same day;

B. From around 12:36 on the same day to pay KRW 95,000 for the price of the goods as if he/she had the right to use at the “G convenience store”;

(c) pay 93,00 won for the goods as if the H pharmacy was authorized to use the goods at around 12:40 on the same day;

(d) 12:41 on the same day pay 12,00 won for the goods in the I’s “I”;

E. At around 13:00 on the same day, at around 13:00, the “J convenience store” paid 50,000 won for the goods and acquired 368,000 won proprietary benefits from the pertinent owners and used the stolen card illegally on five occasions in total.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Receipts (F), receipts (G convenience points), receipts (H pharmacys), receipts (I), receipts (I), and receipts (J convenience points);

1. CCTV extract photographs (F), CCTV extractor photographs (G convenience points), CCTV extractor photographs (H pharmacys), and CCTV extractor photographs (J convenience points);

1. Extraction photographs of the details of card use;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, and applicable statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the point of use of each stolen credit card), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.