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(영문) 인천지방법원 부천지원 2016.01.22 2015고단3108

특수절도등

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

1. On March 6, 2015, the Defendants: (a) committed a theft by taking advantage of the victim H, who was placed in the main point of “G” located on the first floor of “G” located in the Hancheon-si, Suwon-si, Seoul Special Metropolitan City F, the victim’s home page, with the victim’s credit card, IBK Bank C, IBK Bank C, and the resident registration number, with a page of 600,000 won at the market price in which the victim’s home page was located.

Accordingly, the Defendants jointly stolen the victim's property.

2. On March 6, 2015, the Defendants conspired to commit fraud by using singing at “K” operated by the victim JJ on the first floor of the non-U.S. Won-si I, Seocheon-si, and purchasing beer, and Defendant B attempted to obtain pecuniary profits by presenting a stolen corporate bank body card, as described in paragraph (1), as if Defendant B was H, and paying a total amount of KRW 220,000,000 at the market price. However, the Defendants failed to pay due to shortage of balance, and failed to do so.

3. On March 6, 2015, Defendants in violation of the Act on Financial Business Specializing in Fraud and Credit, conspired to use singing rooms at “K” operated by the victim JJ on the first underground floor of Bupyeong-si I-si, Seocheon-si, and purchased beer 1 sets. Defendant A used the credit card which was stolen by having Defendant A prepare a credit card sales slip by presenting the credit card sales slip, as described in paragraph (1), as he/she himself/herself was, and acquired property gains equivalent to KRW 220,000 in total at the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and J;

1. A report on investigation (the use of a victim's check card);

1. Receipts:

1. Application of Acts and subordinate statutes on the details of card use;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 331(2) and 331(1) of the Criminal Act (special larceny), Articles 352, 347(1), 30 (a), and 347(1), and 30 (a) of the Criminal Act, Articles 347(1), and 30 (a) of the Criminal Act.