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(영문) 서울중앙지방법원 2020.05.19 2020고단1703

건조물침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. When the Defendant was dismissed at the main points operated by the victim B, the Defendant was able to find the main points at a time when there is no main employees.

On February 29, 2020, at around 08:27, the Defendant cut off the entrance door locked from the main points operated by the victim in the 1st underground floor in Gwanak-gu, Seoul Special Metropolitan City, and opened the entrance door and intruded the structure of the victim into the said main points.

2. The Defendant: (a) committed theft, at the time and place of paragraph (1) at the victim B’s 3 times located within the main store (at the market price of KRW 1.5 million, KRW 2 million; KRW 1.5 million); (b) by one head of one bank; (c) one bank’s e-mail card; (d) one credit card per national bank; (e.g., one card per credit card; (e., KRW 50,000,00 in cash; and (e) one card bags; and (e) another bank’s e-mail.g., KRW 4050,000 in total, the market price was stolen.

3. Fraud and Specialized Credit Financial Business Act: (a) around 11:07 on February 29, 2020, the Defendant purchased goods at E Convenience stores located in Gwanak-gu, Seoul Special Metropolitan City; (b) presented the stolen B e-mail card as stated in paragraph (2) to the victim’s name-free employee as if he was his card; and (c) had the employee pay 2,000 won of drinking water with the above card, thereby having the employee pay 2,00 won of drinking water; and (d) obtained the property equivalent to the same amount of money from then to 13:04 on the same day, the Defendant acquired the stolen goods amounting to KRW 1,895,020 on nine occasions as indicated in the list of crimes, and used the stolen e-mail card unlawfully.

4. The Defendant attempted to commit fraud, and the Defendant violated the Specialized Credit Finance Business Act, on February 29, 2020, purchased gold stuffs from G stores located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and presented the emult cards owned B as if he was his card and presented it to an employee in the name of the victim as if he was his card, and had the employee pay 1,650,000 won of the purchase price of precious metals with the said card.