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(영문) 의정부지방법원 2017.04.12 2017고단391

야간주거침입절도미수등

Text

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

Reasons

Punishment of the crime

[Criminal record] On June 5, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Franchi, and completed the execution of the sentence on August 17, 2015.

[2017 Highest 391]

1. On November 19, 2016, the Defendant: (a) opened a △△△△△△△△ in the Government of the Gyeonggi-si, the Government of Gyeonggi-si on November 19, 2016, and entered a locked gate; (b) opened the gate; and (c) went away from the victim who was considered by the window in order to search for the stolen object, and failed to achieve that purpose.

Accordingly, the Defendant attempted to steal property by intrusion upon the victim's residence at night.

2. On November 19, 2016, the Defendant was unable to achieve its purport by opening a gate and a gate in front of the victim D’s house located in the Government of Gyeonggi-do on November 19, 2016, and entering the gate and a gate, and flying the gate and a gate to the victim who was living in the living room in order to search for theft goods, and flying away from the living room.

Accordingly, the Defendant attempted to steal property by intrusion upon the victim's residence at night.

[2017 Highest 769] No person may lend physical cards, etc., which are access media of electronic finance, in receiving, demanding or promising payment.

Nevertheless, on August 2016, the Defendant would pay 1.8 million won per week by lending the head of the Tong or card to the company's operation fund management account due to tax issues from the person who was in the name of the deceased in the middle of 2016.

The contact was received to the effect that “, at that time, Kwikset service article sent from the front side of the Kukset bus terminal, the Government-dong bus terminal at the time, to the front side of the deceased, sent one physical card connected to the Defendant’s bank account (E) to the deceased and the deceased, known the password of the above physical card to the phone, and promised to receive KRW 1.8 million in return.

As a result, the Defendant promised to pay for, lent one check card and a password, which is an access medium.

(i) the evidence;