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(영문) 서울남부지방법원 2013.03.13 2013고단505

특수절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 and 2 of the list of seizure shall be confiscated.

Reasons

Punishment of the crime

1. On December 23, 2012, at the store operated by the victim N in Yeongdeungpo-gu Seoul Metropolitan Government, on December 23, 2012, at around 02:00, the Defendant stolen, with approximately 300,000 won of cash owned by the victim and tobacco equivalent to KRW 50,000 of the market price, the Defendant: (a) laid off the diver, putting the diver, which was prepared in advance, into the lower door of the air exhauster; and (b) intruded into the diver; and (c)

2. The Defendant, without authority, posted 70,000 won on the e-mail card (credit card number:O) which was in possession of the said victim’s smart terminal without authority, and entered 70,000 won on two occasions, charged the said card with 140,000 won, and charged 70,000 won on the said card by inserting another e-mail card (P: P).

Accordingly, the defendant, without authority, entered information into a computer or any other information processing device and processed data, thereby acquiring a total of 2.10,000 won proprietary benefits.

3. Around 03:00 on December 23, 201, the Defendant: (a) destroyed the correction device and intruded into the correction device in the same manner as the statement in paragraph (1) and stolen 30,000 won in cash owned by the victim, at the store operated by the victim R in Q Q in Yongsan-gu Seoul.

4. The Defendant charged 70,000 won to the aforesaid T-based Card (O: card number) in the same manner as the date, time, place, and place described in paragraph (3) and 2, and charged 150,000 won to the aforesaid T-based Card (P) twice.

Accordingly, the defendant, without authority, entered information into a computer or any other information processing device and processed data, thereby acquiring a total of 220,000 won proprietary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the N or R;

1. Records of seizure and the list of seizure;

1. Investigation report (verification of filling terminals);

1. Application of Acts and subordinate statutes to the specifications of filling tesat cards and the specifications of use of each tesat card;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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