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(영문) 부산지방법원 2019.08.21 2019고단2788
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2019, the Defendant: (a) around 02:10 on April 9, 2019, the Defendant: (b) went to another heading room; (c) opened a visit by the victim D; and (d) cut off the gap in which the victim D was locked; and (d) cut out one cash of KRW 90,00 and one Daegu Credit Card Bank (Credit Card E) from the victim’s wall located on the floor of the bank located on the part of the victim located on the bank.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On April 9, 2019, around 02:28, the Defendant ordered the victim on the Plaintiff’s name in Busan Jin-gu, “G”, “G” singing room, and the victim on the Plaintiff’s name in the name of the Plaintiff, who was the owner of the Plaintiff, to pay the amount equivalent to the same amount by presenting the stolen victim’s Daegu bank as his/her credit card, as in paragraph (1), as if he/she were his/her credit card.

B. At around 03:51 on April 9, 2019, the Defendant ordered the victim, who is the owner of the instant singing room, to provide the victim with an alcoholic beverage and an alcoholic beverage equivalent to KRW 100,000 at the market price, and paid the amount equivalent to the same method.

Accordingly, the Defendant, by deceiving the victim more than twice in total, received alcohol and algorith equivalent to the market value of KRW 200,000, and used the stolen credit card unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 10, 13, 16);

1. Relevant legal provisions concerning facts constituting an offense, Articles 330 and 347 (1) of the Criminal Act selection of punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. has the same record as the accused and the victim's damage has not been recovered.

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