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(영문) 서울서부지방법원 2016.05.25 2016고단420
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant, along with B, discovered that the victim C was divingd in the breath alcohol and conspired to steal money and valuables after approaching the victim.

A. On June 21, 2015, around 02:30, the Defendant reported on the road located in 19:16 p.m., the Eunpyeong-gu Seoul Metropolitan Government Masan-ro, 19:20,000 won in cash, 40,000 won in cash, 1, 1, 1, 1, 1, and 200,000 won in market value, including the head of the driver’s license, at the victim’s seat; and B, at the victim’s seat, 1,000 won in cash, 2,000 won in market value.

They have come to her.

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

B. The Defendants continued to receive cash services using the credit card in the name of the stolen C as described in the above A. A. From around 03:00 to around 03:00 on the same day, the Defendants: (a) reported the network in the neighboring wife; and (b) the Defendant, using the victim age credit information company in the victim’s cash payment period installed at that place by using a non-sC card in the name of the stolen C; and (c) withdrawn 300,000 won in cash services from that day to 03:52 on the same day.

Accordingly, the Defendant, together with B, stolen a total of KRW 2.3 million over five occasions.

2. The Defendant violated the Act on Specialized Credit Financial Business: B and 1-B at each time and place as stated in B and B, as seen above, was put into a stolen C’s scam card and scam card in a cash payment machine in the same manner as stated in B and 1-B, and received cash services on five occasions.

Accordingly, the Defendant conspired with B to use a stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on internal investigation (related to the submission of a detailed statement of the use of a stolen card), a report on internal investigation (a CCTV confirmation at a cash withdrawal place), and a report on investigation (in the vicinity of the place of occurrence);

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