beta
(영문) 제주지방법원 2019.11.21 2018고단1873

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

However, 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. At night, around 00:00 on May 10, 2018, the Defendant: (a) intruded the victim C’s house on the second floor of the building B in Jeju-si, which was not corrected by having been inside the entrance; and (b) was stolen with one cell phone, one resident certificate, one driver’s license, one credit card (the Jeju Bank Card, and Hyundai Card), two copies, and 50,000 won in cash.

2. Around May 10, 2018, the Defendant violated the Specialized Credit Financial Business Act and the Defendant used a stolen credit card in the F entertainment tavern operated by the victim E at Jeju on May 10, 2018, after receiving a entertainment worker service and drinking alcohol. In calculating the price, the Defendant: (a) paid one copy of the Jeju Bank Card under the name of C, which was stolen, as stated in paragraph (1), as if the Defendant was a legitimate holder; and (b) paid the said amount of KRW 400,000,000,000 to obtain pecuniary benefits, and used

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Each written statement in C, G, H, and E;

1. Chapter 3 of field photographs, internal investigation reports (Listening to the statement of a person for reference and the verification of vehicle black records), internal investigation reports (related to the statement of a victim and a witness), internal investigation reports (related to the statement of a victim and a witness), internal investigation reports (related to the collection of damaged goods), investigation reports (related to the collection of damaged goods), investigation reports (related to the visit of a person for reference), investigation reports (related to the submission of a victim's card settlement records), investigation reports (related to field fingerprint appraisal), investigation reports (related to field fingerprint appraisal), and application of Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for a crime, Article 330 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (Unlawful Use of Credit Cards, Selection of Imprisonment), and Article 347 (1) of the Criminal Act (Fraud point and Selection of Imprisonment with 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 of the suspended execution is as follows.