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(영문) 서울중앙지방법원 2014.05.16 2014고단389

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

On December 12, 2013, the Defendant, at the Seoul Northern District Court, was sentenced to two years of imprisonment with prison labor for fraud, etc., and the said judgment became final and conclusive on December 20, 2013.

1. At around 15:45 on October 13, 2013, the Defendant discovered that, within the subway line 1 subway station located in Guro-gu Seoul Metropolitan City, the electric train No. 656 of the New C, the Defendant was contained in the Defendant’s possession machine, and then cut off one 50,000 won of the market price, which includes three copies of the Defendant’s physical card of the National Bank, which is the victim’s possession.

2. The Defendant attempted to commit fraud, around October 13, 2013, purchased one half-to-face for 18K male at E department stores, Young-gu Seoul Metropolitan Government, E department stores, thereby purchasing one half-to-face for 1,300,000,000, market price of which is equivalent to 2,300,000 won, from E department stores, Young-gu, Seoul, and carried out as if the Defendant was a legitimate holder of the stolen body card, and intended to have his employees settle the above three half-to-face card in three sequences, and acquired the above half-to-face, but the Defendant attempted to commit a wind that was not approved for the reason of excessive excess, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation reports (former and attachment of judgment);

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 329 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. It shall be determined like the order, comprehensively taking into account the following factors: (a) the fact that the judgment on the reason of sentencing under Article 62(1) of the Criminal Act, which has become final and conclusive, could have been tried together with the case of fraud, etc.; (b) the defendant reflects the fact that the defendant is older than 80 years old