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(영문) 수원지방법원 안산지원 2016.05.18 2016고단408

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A special larceny: (a) around 13:56 October 9, 2015, the Defendant: (b) together with a one-time person in arrears (hereinafter “B”) with Vietnam’s nationality; (c) reported a victim C with a “new bank” automation device located on the 1st floor of B, Jung-gu, Seoul, Jung-gu, Seoul, on a 213 Belgium-ro, one copy of the new physical card owned by B; and (d) stolen it by means of reporting it.

As a result, the defendant stolen a new physical card owned by the victim in collaboration with the non-exploitant.

2. On October 9, 2015, the Defendant, in collusion with the non-satisf, received taxi services from the non-satisfies in Seoul Special Metropolitan City (Seoul) around 18:18, 2015, and settled the fare with the eat machine after paying the taxi service from the non-satisfies, and as if the Defendant and the non-satisfies had a legitimate title to approval, the Defendant paid the above 6,600 won with the above eatch card and acquired the above 6,600 won pecuniary benefits.

In addition, the defendant and the non-satise in the whole amount of 1,14,910 won were settled from around October 9, 2015 to October 10 of the same month in total over 13 times from 13 victims.

As a result, the Defendant was informed of 13 victims about 13 times in collusion with the influent parties, and received property gains or goods in total amount of KRW 1,114,910.

3. The Defendant in violation of the Act on Specialized Credit Financial Business committed a theft in collusion with an influent victim at the time set forth in paragraph 1, such as the list of crimes.

Accordingly, the defendant and the non-consected person in collusion used the stolen e-mail card.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the victim's written statement C;

1. Details of card use;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Article 331(2), Article 331(1), and Article 30 (1) of the Criminal Act regarding criminal facts; Articles 347(1), 30 (a), and 30 (a) of the Criminal Act regarding the choice of punishment; and Article 70(1) of the Act on Financial Business Specializing in Credit.