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(영문) 수원지방법원 2018.12.20 2018고단5907
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On June 13, 2018, the Defendants: (a) 01:37, when the victim D was under the influence of nuclear power in front of the plenary session 12, the Defendant: (b) discovered that the victim D was under the influence of alcohol; (c) sought to cut off the victim’s money to the victim; and (d) followed the Defendant A’s seated on the victim’s side; (c) she was seated at the victim’s cell phone in the case where the victim’s cell phone was taken out on the left side; and (d) she was able to look back from the victim’s cell phone card to the main machine; and (d) Defendant B was able to easily commit the crime.

As a result, the defendants stolen the victim's property together.

2. From around 01:44 of the same day as described in the above paragraph (1), the Defendants conspired to purchase approximately KRW 9,000 tobacco 2 in G stores operated by the victim F, who purchased approximately KRW 1,00,00 on the same day as indicated in the above paragraph (1) and had the Defendant prepare one copy of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the following crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D, H, I, J, K, L, M, F, N, andO;

1. Inquiry of transaction details and receipts;

1. Application of Acts and subordinate statutes to investigation reports (investigative cases involving identification of card users);

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 331(2) and 331(1) of the Criminal Act (joint larceny), Articles 347(1), 30 of the Criminal Act (the point of fraud, the choice of imprisonment), Article 70(1)3 of the Act on Specialized Credit Financial Business, Article 30 of the Criminal Act (the point of using the lost card, the choice of imprisonment).

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