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(영문) 수원지방법원 평택지원 2019.08.09 2017고단1913
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On July 14, 2017, between 03:00 to 04:00 on July 14, 2017, the Defendant discovered the victim E who was under influence of alcohol in the vicinity of the new construction site of the D Hospital located in Ansan-si C, and the Defendant reported the network, and the Defendant B took one copy of the credit card owned by the victim who was under influence of the mobile phone in the mobile phone case.

Accordingly, the defendant stolen the victim's property together with the defendant B.

2. Violation of the Specialized Credit Financial Business Act and fraud;

A. At around 04:17, July 14, 2017, the Defendant and the upper-tier Defendant B settled a stolen credit card as if it were his own card, with the intention or ability to pay the purchase price, at the above convenience store, and with the intention to purchase the goods using a stolen body card as stated in the foregoing paragraph (1), with the purchase of the goods amounting to KRW 9,000, in spite of no intent or ability to pay the purchase price, at the above convenience store.

Accordingly, the defendant used a stolen credit card in collusion with the defendant B, and received property by deceiving the victim.

B. Around July 14, 2017, the Defendant and Defendant B settled a stolen credit card as stated in the foregoing paragraph (1) at the J convenience store operated by the victim I in Ansan-si on July 14, 2017, with no intent or ability to pay for the purchase of the goods at the above convenience store, and with no intention or ability to pay for the purchase of the goods, the Defendant and Defendant B purchased the goods using the stolen body card as stated in the foregoing paragraph (1) and presented the stolen credit card as one of its own cards.

Accordingly, the defendant used a stolen credit card in collusion with the defendant B, and received property by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made by the defendant B in the third trial records;

1. E statements;

1. Application of the CCTV Acts and subordinate statutes to convenience stores.

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