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(영문) 부산지방법원 서부지원 2018.02.21 2017고단1786

야간주거침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On August 30, 2017, the Defendant was sentenced to a suspended sentence of two years on September 7, 2017, with imprisonment for larceny and fraud in the branch court of the Busan District Court, which became final and conclusive on September 7, 2017.

[Criminal facts]

1. Intrusion upon residence and theft;

A. On September 21, 2016, around 18:00 on September 21, 2016, the Defendant entered a door at the Busan Northern-gu C3rd floor D Public Notice, opening and intruded into a door that is not set forth in subparagraph 302 of the victim E’s residence, and used four pieces of tobacco equivalent to 900 won at the market price owned by the victim in the room.

B. The Defendant continued to open and intrude into a 309 door, in which the victim’s name and non-satisfe in the above 302 part of the victim’s name and non-satisfyed, and subsequently, the victim’s market price in the room was 4,500 won and thefted.

2. At night, on September 23, 2016, the Defendant: (a) opened a door that was not set up by the victim F of the D Public Notice Telecom located in Busan, and intruded into the door at around 317, where the victim F of the D Public Notice Telecom located in Busan, on September 23, 2016; (b) carried one cell phone unit and two mobile phone check cards of the national bank located in Samsung Gallon, which was located in the mobile phone unit and the mobile phone unit in the amount of KRW 500,000,000.

3. On September 23, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased one cigarette at the H convenience store operated by the victim’s influorious owner of the victim’s name in Busan Northern-gu G on September 23, 2016, and used a stolen credit card by completing the stolen national bank cream card as if he/she had a legitimate owner and delivering it to a convenience store employee with no identification of his/her name, and acquired the stolen credit card by obtaining a total of 45,00 won of tobacco from the said employee.

From that time to 05:35 on the same day, the Defendant acquired a total of KRW 242,90 on five occasions, such as the list of offenses, and used a stolen credit card illegally.