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(영문) 인천지방법원 2015.08.20 2014고단8543
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for special larceny in the Seoul Central District Court, and the said judgment became final and conclusive on the 25th of the same month.

1. Around 01:00 on June 16, 2014, the Defendant, along with C, conspiredd with C to steals, in the vicinity of the Dongam apartment parking lot located in Nam-dong, Nam-gu, Incheon Metropolitan City, and in the vicinity of the Dongam apartment parking lot located in 187-1, in a parked vehicle, to steals the inside of the parked vehicle.

As a result, C took the hand of a parked vehicle, and the Defendant discovered that the door of the enclosed E in the victim D was not locked, opened a vehicle door and opened an inside, and stolen a credit card card of the national bank, which was located there, from the four passenger cars owned by the victim's name in the number unclaimed box, as well as one credit card for one, three, one, one, one, one, one, one, one,63,610 won in cash.

Accordingly, the defendant stolen the victims' property together with C.

2. On June 16, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act, along with C, provided accommodation in the “Hmotour” operated by the victim G located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and provided the victim with a credit card in collusion with C by providing one copy of the national card in the name of D, which was stolen, as in paragraph (1), as if C had been committed D, and obtained pecuniary benefits equivalent to the same amount by deceiving the victim, i.e., avoiding the payment of accommodation charges, by deceiving him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Written statements of D;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a copy of the same kind of judgment against A);

1. Article 331(2) and (1) of the Criminal Act of the corresponding Article 331 of the Criminal Act concerning criminal facts (the point of special larceny) and the Criminal Act.

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