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(영문) 청주지방법원 2018.08.16 2017고단877

야간건조물침입절도등

Text

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

Reasons

Punishment of the crime

The Defendant was an employee at “B cafeteria”.

1. On March 25, 2017, around 01:00, the Defendant was “B cafeteria” operated by Cheongju-gu, Cheongju-si, Cheongju-si C, and was affected by the Defendant’s intrusion into the said cafeteria through the back door that was not corrected by using any cres in the cafeteria, and then was affected by the Defendant’s agricultural card No. 1 and the new mar.

E Ray car keyss, and 2 C 3,000 won in the market price in the air conditioners and 3,000 won in the air conditioners, and 2 C 100 won in the market price.

2. On March 25, 2017, at around 08:08, the Defendant: (a) presented to the victim as if he had legitimate possession the NA card in the name of D, which was stolen, as described in paragraph (1), at the “NEA” operated by the victim G in Young-gu, Young-gu, Chungcheongnam-gu; and (b) received liquor, etc. by having the victim pay 400,000 won with the said NA card; and (c) during the same day, the Defendant acquired property or proprietary benefits equivalent to KRW 1,122,000 in total, such as purchase of goods or use of taxi for five times in total as indicated in the list of crimes in the attached list of crimes.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using the said Nonghyup Card that was stolen, such as the list of offenses in the attached Form No. 2, at the time and place specified in paragraph 2, in the same manner as the list of offenses.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H, D, I, J, and K;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense, and Article 330 of the choice of punishment (referring to larceny of intrusion upon night buildings), Article 347 (1) of the Criminal Act (the occupation of fraud, the choice of each imprisonment with labor), and Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the occupation of using stolen credit cards, and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;