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(영문) 인천지방법원 2013.06.25 2012고단10564 (1)

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. A special larceny Defendant and C discovered that, around June 22, 2012, at around 01:00, the victim F was under the influence of alcohol in front of E in Yeonsu-gu Incheon, Yeonsu-gu, the victim F was under the influence of alcohol.

Therefore, C reported the network, and the Defendant stolen the wall, which is the victim's possession, including 150,000 won in cash, 1 card of corporate bank, 1 card of corporate bank, 1 card of national bank, and identification card, etc., by putting the victim's hand on the right side of the victim.

Accordingly, the Defendants jointly stolen the property owned by the victim.

2. The Defendant and C of the Violation of the Fraud and the Specialized Credit Financial Business Act resolved to use the stolen card as above, and conspired to use the stolen card together with the taxi operated by the victim’s name and at the same time and place, and subsequently, by presenting the stolen credit card to the taxi and paying the same amount of property gains by paying 2,800 won, and continuously, around 01:08 of the same day, the Defendant presented the stolen credit card to the victim I, who is the business owner, at the “H singing practice room” located in Yeonsu-gu Incheon Metropolitan City, and suggested the stolen credit card to pay 97,000 won and 145,000 won and 242,00 won in total by using the singing practice room.

As a result, the Defendants conspired to use a stolen physical card or credit card, and acquired the pecuniary benefits of 244,800 won in total by using it.

Summary of Evidence

1. Each police officer against the defendant, C, and I, and protocol of examination of the suspect;

1. Statement of the police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each card receipt;

1. Article 331(2) and (1) of the Criminal Act applicable to criminal facts, the choice of punishment (the point of special larceny), Articles 347(1) and 30 of the Criminal Act (the point of fraud and the choice of imprisonment), Article 70(1)3 of the Specialized Credit Finance Business Act.