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(영문) 대전지방법원 공주지원 2016.10.07 2016고단266
절도등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On May 1, 2013, the Defendant was sentenced to two years and four months of imprisonment for special larceny, etc. at the Daejeon District Court on May 1, 2013, and completed the execution of the sentence in the Daejeon Prison on December 30, 2014.

【Criminal Facts】

1. A theft: (a) around 23:00 on June 28, 2016, the Defendant: (b) committed theft with one Samsung Credit Card and one forestry cooperative physical card from the wallet installed in the victim’s head while living together with the victim’s E (the victim’s age 41) at the Drown-gun Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun; and (c) committed theft.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. At around 01:20 on June 29, 2016, the Defendant issued an order to the victim H for alcohol and alcohol and received alcoholic beverages, food and services, and settled the stolen Samsung Credit Card as if it was one’s card.

Accordingly, the defendant deceivings the victim, received alcoholic beverages equivalent to KRW 590,00,00, acquired them by fraud, and used stolen credit cards.

B. On June 29, 2016, around 03:44, the Defendant received an order from the J main point of Justice located in Chungcheongnam-gun, Chungcheongnam-gun, Cheongyang-gun to provide a victim K with alcohol and alcohol, and settled the stolen Samsung Credit Card using the stolen Samsung Credit Card as one’s card as described in paragraph (1).

Accordingly, the defendant deceivings the victim, received alcoholic beverages equivalent to KRW 80,00, and acquired them by fraud, and used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to E, H, and K;

1. Investigation report (Investigation of the counter-party to the J main shop);

1. A copy of each Samsung Card sales slip, and a field photograph of the case;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the expected end date of the labor union station and the same records), written judgments, indictments, and application of Acts and subordinate statutes of the confinement information inquiry;

1. Article 329 of the Criminal Act applicable to the crime, Article 347 of the Criminal Act.

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