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(영문) 서울북부지방법원 2012.07.27 2011고단2685
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 28, 2010, at around 01:30 on August 28, 2010, the Defendant stolen the victim D, who first met or mixd in the alcohol house located in the Gangnam-gu Seoul Metropolitan Government, by inserting his hand on the left part of the victim, and then she stolen the victim’s cash 30,000 won, which includes 30,000 won, 1 new card, and resident registration number.

2. Fraud and Specialized Credit Financial Business Act (hereinafter “C”) around 01:32 on the same day, the Defendant presented the said D’s new card, which was stolen as stated in paragraph (1), as the victim’s personal card, and then received a total of KRW 33,000 from the victim, as stated in the separate list of crimes from around that time to around 04:13 of the same day, the Defendant received property or acquired economic benefits equivalent to the total market value of KRW 120,290 by using the said new card in the same way as indicated in the separate list of crimes.

Accordingly, the Defendant, as seen above, by deceiving victims in the name of the victim, received property or property benefits, and used the stolen credit card.

3. Around 03:45 on the same day, the Defendant attempted to approve KRW 200,000 of the use price by presenting the following card to the victim, who was stolen as his/her credit card, as stated in paragraph (1), at a “F” massage treatment place located in Gangseo-gu Seoul Metropolitan Government E, as his/her own credit card, but the Defendant failed to present his/her identification card and thus the victim failed to cancel his/her approval.

Summary of Evidence

1. Statement of D police statement;

1. CCTV photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1) of the Specialized Credit Finance Business Act.

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