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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At night, on October 21, 2016, the Defendant: (a) infringed upon the said residence by the victim N located in Sinsi M and OOO; (b) infringed upon the said residence; and (c) stolen the said victim’s resident registration certificate, lot cards, new cards, agricultural cooperative cards, etc., which were located in the room of the said location; (d) one gallon in the market value equivalent to KRW 30,000,000,000, and one gallon in J5 smartphone, which was located in the gallon of the market value of KRW 80,000,000.
Accordingly, the defendant invadedd a human habitation at night and stolen the property.
2. On October 21, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) paid 500,000 won for sexual traffic by reporting the victim’s sexual intercourse with the female employees at the location of the victim’s P on the fourth floor of the OO building at Sinti City around 05:18; (b) paying 500,000 won for sexual traffic by reporting the card (the card numberR) as if the Defendant was a legitimate holder and presenting it to the said victim; and (c) obtaining an opportunity to sexual intercourse with the female employees at the location of the victim by deceiving the victim to acquire economic benefits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to the N;
1. A statement of the preparation of P;
1. A protocol of seizure and a list of seizure;
1. A detailed statement of sales by member;
1. A credit card sales slip;
1. Application of field photographs and photographs statutes;
1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (the point of larceny at night), Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 (the point of use of stolen credit cards) of the Act on Financial Business Specializing in Credit, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the following circumstances; (b) the Defendant’s age, sex, family relationship, family environment, and the circumstances after committing the crime.