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(영문) 수원지방법원 안양지원 2015.09.18 2015고단985
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 22, 2015, at around 03:30 on March 22, 2015, the Defendants: (a) while drinking alcohol in a D cafeteria located in Sinpo City, the Defendant: (b) handed off the vex in Defendant B’s seat; (c) checked the vexetet; and (d) confirmed that the Defendants followed the vexet and contained the said vexet; and (c) then, the Defendants cut off the vexet at the market price equivalent to KRW 200,000,000,000,000,000,000 won, including KRW 20,000,000,000 in cash owned by the victim; and (d) the said vexet in the market price.

As a result, the defendants stolen the victim's property together.

2. At around 04:07 on March 22, 2015, Defendant A’s sole criminal conduct ordered alcohol and alcohol at “H points operated by the victim G on the F-1st floor in Sinposi, Mapo-si, Mapopo-si,” and, as if the Defendant had a legitimate right to use the said card, the Defendant presented the said card to the employees of the said main point, who were unable to know their names, and paid KRW 1.50,00 won in total by paying KRW 20,000 on the same day, around 04:11 on the same day, around 04:12 on the same day, around 04:19 on the same day, and around 24:19 on the same day, each of the said cards was paid in total of KRW 6.90,000 on four occasions.

Accordingly, the defendant acquired economic benefits by deceiving the victim and used stolen credit cards.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. G statements;

1. Copy of a receipt;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts and the defendant A who has selected a punishment: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of unlawful use of credit card, the choice of imprisonment): Article 331(2) and (1) of the Criminal Act;

1. Aggravation for concurrent crimes;

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