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(영문) 제주지방법원 2019.09.25 2019고단326
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around 04:50 on October 2, 2018, the Defendant: (a) opened a door at the “Ding Kinginginging-up” of the victim C’s operation in Gunsan-si B; and (b) invaded into the said King-si, and carried out KRW 9,000 in cash from the victim’s wall located in the said King-si.

Accordingly, the Defendant invadedd a structure at night, and stolen the property equivalent to the total market value of 205,000 won owned by the victim.

around 12:21 on October 1, 2018, the Defendant purchased 50,000 won of the local merchandise coupon 50,000 by using the victim’s information without authority in connection with the Defendant’s cell phone chip, which was live together, after cutting off the core chip located in the victim G’s cell phone, and inserting it into the Defendant’s cell phone.

Accordingly, the defendant acquired economic benefits equivalent to the same amount by inputting information without authority into a computer or any other information processing device.

In addition, from around that time to November 6, 2018, the Defendant obtained financial benefits of 894,000 won in total by inputting information into computers and other information processing devices without authority throughout 16 times in total, as shown in the separate crime list.

Summary of Evidence

"2019 Highest 326"

1. Defendant's legal statement;

1. C's written statement "2019 Highest 1386";

1. Defendant's legal statement;

1. Each police statement concerning I, J and G;

1. Application of Acts and subordinate statutes on the transfer of carry and settlement details, details of merchandise coupons for purchase, and application of small-amount settlement;

1. Relevant Article 330 of the Criminal Act and Article 347-2 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, there are many concurrent crimes with the same kind of criminal records as the sentencing reasons under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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