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(영문) 인천지방법원 2016.04.28 2015고단4083
절도등
Text

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

Reasons

Punishment of the crime

1. On June 5, 2015, at around 23:30 on June 5, 2015, the Defendant: (a) moved the victim D to a sing club with the victim to a sing clubs for a more time to drink with the victim D, and (b) the victim under the influence of alcohol returned to the said sing clubs with one cellular phone of the victim’s small gallon and one credit card of the foreign exchange bank; and (c) the Defendant, having one cell phone and one credit card on the said gallon.

2. Violation of the Act on Financial Business Specializing in Credit, and fraud, around June 6, 2015, the Defendant presented to G a credit card in the name of the wife that was stolen as of June 6, 2015, when the Defendant was provided with alcohol and alcohol from G within the F located in Nam-gu Incheon Metropolitan City, Nam-gu, and at the same time presented to G as his/her own credit card in the name of the wife that was stolen as of June 1.

After making the Defendant prepare a credit card sales slip, the Defendant illegally uses the stolen credit card, signed in the signature column of the sales slip, and delivered it to G, and obtained financial benefits equivalent to the amount of 50,000 won from G believed to be D, i.e., exempted the Defendant from the payment of KRW 500,000, and acquired financial benefits equivalent to the amount of the credit card in total four times, such as the entry in the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to damaged articles, pictures of damaged text messages, and card specifications;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Financial Business, Article 329 of the Criminal Act, and the choice of imprisonment for each type of punishment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended sentence according to the sentencing guidelines set forth in the category 1 (the scope of the recommended sentence) is set forth in the category 1 (the amount of less than KRW 100 million) (one month to one year).

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