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(영문) 서울남부지방법원 2018.08.23 2017고단5326
절도등
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2017, at around 03:15, the Defendant: (a) reported that the victim E was under influence of alcohol in front of the “D store located in Guro-gu Seoul Metropolitan Government,” and (b) took part in a cellular phone in galtho, No. 31, No. 1, and a copy of the resident registration certificate when the victim’s galthoth, where the market price on the victim’s home cannot be ascertained;

L. A. L. theft was committed.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On August 22, 2017, around 03:39, at H convenience stores operated by the victim G in Geumcheon-gu Seoul Metropolitan Government F, the Defendant: (a) presented the stolen e-mail card as if he/she was a licensee of his/her true card; and (b) by deceiving the victim as if he/she was a licensee of his/her true card, the Defendant purchased 1 Boblue tobacco at a horse amounting to KRW 45,000.

B. On August 22, 2017, around 03:41, at the convenience store operated by the victim J in Geumcheon-gu Seoul Metropolitan Government, the Defendant: (a) presented the stolen e-mail card as if he/she was a user of his/her true card; and (b) by deceiving the victim as if he/she was a user of his/her true card, the Defendant purchased 1 Boblus in tobacco at the terminal of 45,000 won.

(c)

On August 22, 2017, the Defendant, at the M convenience store located in Geumcheon-gu Seoul Metropolitan Government L on August 22, 2017, presented the e-mail card in the name of E, such as paragraph 1, as he/she was the licensee of his/her true card, thereby deceiving the victim as if he/she was the licensee of his/her true card, thereby purchasing one cigarette as a 45,000 won of tobacco.

Accordingly, the defendant used stolen debit cards and acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on internal investigation (a internal investigation conducted to verify CCTV images of the scene of occurrence and convenience stores);

1. Application of each receipt statute;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 of the Criminal Act (the fraud), Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Credit (the illegal use of physical card), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act:

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