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(영문) 제주지방법원 2017.04.28 2017고단278

절도등

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the first grade of intellectual disability, and on August 2009, the defendant was diagnosed with a mental disorder of editing and has weak ability to discern things or make decisions due to mental disorder.

1. From around 09:00 on December 11, 2016 to around 09:30 on the same day, the Defendant: (a) discovered a DNA car owned by the victim C, which was parked on a 130-distance Dom in Jeju Island, from around 09:30 on the same day; (b) opened a vehicle door, which was not corrected; and (c) removed the vehicle into the vehicle, and cut off with one debit card owned by the victim company bank owned by the victim and one copy of the victim’s husband, and one copy of the KB national card owned by the victim’s husband.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On December 11, 2016, the Defendant purchased tobacco from “G Mt” located in “G Mt” in Seopo City F, Seopo City on December 12:23, 2016, and presented a stolen KB national card as stated in the foregoing 1. Paragraph (1) as one’s own view and had the victim’s name-in-fact Mt employee settle KRW 246,00,000, received the victim’s name-in-fact flus, and wrongfully used the stolen credit card.

B. On the same day, the Defendant continuously purchased tobacco at “I convenience store” located in Seopopopo City H around 12:29 on the same day, and presented the above KB’s national card as one of his own as in the manner set forth in paragraph 2. A of the above 2.A., and then, the Defendant had the business owner of the above “I convenience store” in the name of the victim, provided the amount of KRW 120,000, and acquired and wrongfully used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. To close the details of the approval of the KB National Card and photograph, etc.;

1. Application of Acts and subordinate statutes on welfare cards attached to a medical certificate (Presentation of a Defense Counsel) and a police interrogation record for the accused;

1. Article 329 of the Criminal Act (Section 329 of the Act), Article 347(1) of the Criminal Act (Section 347 of the Act), and Article 70(1)3 of the Act on Business of Financial Services Specializing in Credit Business (the illegal use of credit cards) concerning facts constituting an offense.

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