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Reasons
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(영문) 울산지방법원 2014.05.01 2014고단789
사기등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Intrusion upon residence, theft;

A. At around 12:00 on September 12, 2013, the Defendant: (a) divided the first class of the victim D in Ulsandong-gu, Ulsan-gu into the first floor; (b) confirmed that the first class of the victim D was in the first floor; and (c) went into the victim’s residence through a corrected window; (d) invaded the victim’s residence; and (e) cut off two copies of NHFFC Credit Card (credit card number: E, F) in the inner cremation belt, and then cut off the victim’s name.

B. On September 14, 2013, around 18:30 on September 14, 2013, the Defendant: (a) divided the first race to bring two stolen credit cards to the place of the victim D; (b) confirmed that the Defendant had no choice on the inside of the house; and (c) went into the victim’s residence through an unrected window and infringed upon the victim’s residence.

2. On September 12, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) as if he were a legitimate holder of NHFFC Credit Card (credit card number: E) in the name of D that was stolen in advance at H Co., Ltd., Ltd. located in Nam-gu, Nam-gu, Ulsan-si, Ulsan-si, and (b) as of September 14, 2013; (c) presented the said credit card to I and made it available for the said credit card to I; (d) unlawfully used the credit card that the Defendant signed and stolen; (d) received from I one digital camera owned by JA and two USB from the first place to September 14, 2013; and (e) purchased goods equivalent to KRW 1,933,390 won in total using stolen credit cards, such as those listed in the list of annexed crimes, at nine times from that date to September 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of J, K, L and M;

1. Investigation report (not attaching statements of a victim to a card user station);

1. Application of the detailed statement of the amount of use of a card, slips, CCTV images, and the Acts and subordinate statutes of receipts;

1. Relevant Articles 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act concerning criminal facts.

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