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(영문) 서울중앙지방법원 2017.09.14 2016고단8588 (1)
특수절도등
Text

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

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for night-time structure intrusion larceny at Seoul Eastern District Court on June 20, 201, and the judgment became final and conclusive on June 28, 2013.

1. Joint Defendant B, separated from the Defendant of special larceny (hereinafter “B”), conspired the passengers to steals mobile phones from subway stations.

On April 3, 2013, at around 23:36, the Defendant and B access the victim C who sits at the platform of subway No. 2 located in Seoyangdong 7-14, Gwangjin-gu, Seoul, to be under the influence of alcohol due to the malfunction of surveillance in the vicinity thereof, and sits at the victim C, and then was in a mobile phone with the market value of at least 8.14,000 won, which is the victim C.

E. K (SK) one card was held.

Accordingly, the Defendant, together with B, stolen another person's property.

2. Violation of the Act on Financial Business Specializing in Credit and the Defendant and B conspired to purchase goods at convenience stores, etc. using stolen C credit cards as above and to acquire them by fraud.

A. According to the above public offering, the Defendant and B purchased goods equivalent to KRW 96,00 at the market price at the E-point in Seoul Special Metropolitan Gwangjin-gu around April 3, 2013, and settled the price at the E-point in the victim’s operation where the name located in the Seoul Special Metropolitan City Gwangjin-gu D cannot be known, and offered to the above victim as if he was the Defendant’s card, and signed the card with the above victim as if he was the Defendant’s card, and used the stolen credit card by signing it on the sales prior to the sale, and then acquired the above goods from the above victim.

B. According to the above public offering, the Defendant and B purchased clothes equivalent to KRW 22,600 at the market price at the “H” store located in the “H” store operated by the victim G in Gwangjin-gu Seoul Special Metropolitan City around April 3, 2013, and used the stolen credit card by presenting the KS (SK) card under the above victim’s name as the Defendant’s card, and signing it on the sales pre-sale slip.

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