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(영문) 울산지방법원 2014.5.1.선고 2014고단789 판결
사기,절도,여신전문금융업법위반,주거침입
Cases

2014soever789 Fraud, thief, violation of Specialized Credit Financial Business Act, intrusion upon residence

Defendant

A person shall be appointed.

Prosecutor

This purification (prosecutions) and Lee Jin (Public Trial)

Defense Counsel

Attorney Clinical (Korean National Assembly Line)

Imposition of Judgment

May 1, 2014

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

1. Intrusion upon residence, theft;

A. On September 12, 2013: around 00, the Defendant: (a) divided the first class of the victim B in Ulsan-dong-gu into the first floor of the house in which the victim B resides in Ulsan-dong-gu; (b) confirmed that he did not have any way inside the house; and (c) intrudes the victim’s house into the victim’s house through a corrected window; and (d) cut off the NHFFF credit card in the name of the victim in the inner cremation in the Yellow Spane-gu.

B. On September 14, 2013: around 30: Around 18:30, the Defendant came into the Victim B’s house, and confirmed that, in order to bring two stolen credit cards to the place, the first race is divided into the house, and confirmed that there is no way in the house, and infringed upon the victim’s residence through an unrecepted window.

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

On September 15, 2013: (a) around 24, 2013, the Defendant: (b) was engaged in as if the Defendant was a legitimate lawsuit against the NHFFF credit card under the name of the NAFF credit card under the name of the NAFF credit card, Nam-gu, Ulsan-si, Busan-si; (c) presented the said credit card to D and used the credit card which the Defendant signed and stolen by the Defendant, and (d) illegally used the credit card; and (d) received two copies of E-owned digital camera, USB from D to September 14, 2013, all of the aforementioned nine times using stolen credit cards, such as those listed in the attached Table of Crimes, and purchased goods equivalent to KRW 1,933,390, using stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each statement of E, F, G, and H

1. Investigation report (a card user's statement is not attached to the card user's statement);

1. A detailed statement of the use price of a card, a slips, CCTV images, and receipts;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 329 (Larceny) of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 347 (1) of the Criminal Act (the point of fraud) and Article 70 (1) 3 of the Specialized Credit Finance Business Act (the point of use of each stolen credit card)

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38(1)2, and Article 50 of the Criminal Code;

Grounds for sentencing

The Defendant had been subject to punishment several times for the same crime, and the amount of damage caused by the instant crime is not considerable, and the victims’ damage has not been completely recovered. The Defendant’s mistake is in depth, and the Defendant’s disease, etc. shall be determined as per the order, taking into account the following factors: (a) the Defendant’s mistake is closely against it; and (b) the Defendant’s disease

Judges

Termination of Appointment of Judge

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