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(영문) 수원지방법원 2014.07.09 2013고단5241
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From June 29, 2013 to 00:50 on June 29, 2013, the Defendant: (a) took music with the victim E, etc. from the “Drash Korea” located in Suwon-si Co., Ltd. in Suwon-si; and (b) took advantage of the gaps in which the victim, while playing, took advantage of the gap in which the victim, who was under the influence of alcohol, got off one of the national bank’s physical cards owned by the victim.

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

A. At around 00:52 on June 29, 2013, the Defendant, along with F, presented the Defendant’s identity card under the name of the stolen E as if it were the Defendant, and signed the sales slip.

Accordingly, the defendant, in collusion with F, got profits equivalent to the amount of property and used stolen credit cards by deceiving the victim to pay 42,900 won.

B. On June 29, 2013, the Defendant calculated taxi expenses from a taxi operated by the victim’s nameless winners on or around 01:24, the Defendant, along with F, presented the following: (a) as if the Defendant were the Defendant, and signed the sales slip under the name of E that stolen was the same.

Accordingly, the defendant, in collusion with F, got profits equivalent to the same amount of property and used stolen credit cards by deceiving the victim to pay 30,000 won of taxi expenses by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Statement made to the witness F in the protocol of two times;

1. Each statement of E, H and F;

1. Application of Acts and subordinate statutes to the settlement of the details of card use photographs, receipts that have been paid by a suspect with a stolen card, or photographs that settlement of singing expenses with a stolen card;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of each credit card), and the choice of imprisonment with prison labor;

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

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