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(영문) 서울북부지방법원 2014.07.16 2013고단2483

절도등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 8, 2013, at around 05:00, the Defendant stolen the victim’s market price on the part of the victim’s possession, which includes one KB national card, one driver’s license, etc., while under the influence of alcohol, and stolen the victim’s market price on the part of the victim, including one copy of KB national card, one driver’s license, etc.

2. On October 8, 2013, the Defendant: (a) around 07:40, the Defendant violated the Specialized Credit Financial Business Act: (b) presented a copy of the KB National Card in the name of F, which was stolen as stated in the foregoing paragraph (1), to G, as the Defendant was a legitimate holder; (c) had the said G prepare a credit card sales slip; (d) the Defendant unlawfully used the said KB National Card; and (e) exempted the Defendant from paying the said accommodation amount of KRW 60,000 from paying for the said accommodation amount of KRW 60,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act selection of punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act, and selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act does not have the same criminal conviction and damage to the defendant, and the victim does not want the punishment of the defendant, taking full account of various circumstances, including the age, character and conduct and environment of the defendant, the background and motive leading to the crime of this case, and the circumstances before and after the crime, etc., and sentencing conditions as shown in the records and arguments of this case, shall be sentenced as ordered.