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(영문) 수원지방법원 2014.07.21 2014고단1036
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 05:00 on October 30, 2013, the Defendant paid KRW 330,000 won with the victim E’s new card (Evidence No. 1) that was stolen as if he was his own credit card, and additionally paid KRW 200,000,000,000 with the victim E’s new card (Evidence No. 2) that was stolen at the victim’s wall No. 38:38 around 08.38.

As a result, the defendant stolen property such as the victim E's credit card, deceiving the employees of entertainment tavern, thereby acquiring property benefits of 530,000 won in total, and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Credit card table;

1. Each report on investigation;

1. Application of each of the existing statutes of one (credit card No. 1), one (credit card No. 2), one (credit card No. 2), one (credit card No. 3) and one (credit card No. 4) to Korean physical check-free;

1. A theft of relevant legal provisions concerning criminal facts: A point of fraud under Article 329 of the Criminal Act: A point of illegality of credit cards under Article 347 (1) of the Criminal Act comprehensively: Article 70 (1) 3 of the Specialized Credit Finance Business Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment for the accused shall be set by six months, considering the fact that the accused has been subject to punishment several times as the same criminal records even before the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and that the victim wishes to punish and the method of the accused’s crime is not sufficient;

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