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(영문) 전주지방법원 2019.02.14 2018고단2225 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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. A special larceny Defendant and B around August 5, 2018: (a) up to 23:00, the victim E left a door on the victim E’s own franc fares adjacent to DKafin located in Yansan-si, YY-si; (b) the Defendant reported the network; and (c) the Defendant carried a f bodyke card, one, one, one, one, one, one, one, one, one, one, one, and one, one, one, one, and one, one, a student card in cash, located in the victim’s bank.

As a result, the defendant and B stolen the victim's property together.

2. Fraud and Specialized Credit Financial Business Act Defendant and B, around 00:08, on August 6, 2018, committed as if they had a legitimate title to use the F&C card which they stolen from paragraph (1) while getting a cab driving by the non-victim within the front city (hereinafter referred to as 0:08) and acquired financial profits equivalent to the same amount by allowing the victim to pay the 4,800 won of the taxi fee using the said F-CC card.

In addition, from August 6, 2018 to August 00:40, the Defendant and B obtained the financial benefits equivalent to KRW 72,240 in total five times by using the F body card in the name of E that stolen, such as the statement in the attached crime list, and used the F body card in the name of E illegally.

Summary of Evidence

【Each Facts at the Time of Sales】

1. Defendant's legal statement;

1. B Legal statement;

1. E statements;

1. Reports on internal investigation (the voluntary appearance of a suspect B and recovery of damaged articles), and reports on internal investigation (the seizure of damaged articles and return of victims);

1. Application of each photograph and receipt statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Articles 347(1) and 30 of the Criminal Act, Articles 70(1)3 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act (the occupation of stolen credit card use and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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