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(영문) 수원지방법원 2014.06.25 2013고단6316
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 8, 2013, the Defendant and C were under the influence of alcohol in the area of a sub-committee, middle-school bus bus stops located in the area of Suwon-si, Suwon-si, 1150-21, the Defendant found the victim D, and the Defendant reported the network coming from the surrounding persons, and C moved out one cell phone unit of modern credit card, enterprise bank credit card, and new bank credit card, each of which is owned by the victim, and 90,000,000,000,000,000,000 won.

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

2. The Defendant’s sole criminal conduct, around August 9, 2013, presented a stolen corporate bank credit card (H) as stated in paragraph (1) at the G convenience point of the victim F’s operation in Suwon-si, Suwon-si, as one of its card, to the victim, and settled the account. The Defendant was issued from the victim the sum amounting to KRW 7,900,00, including one hamber, a drinking water, and a tobacco per cigarette.

The defendant uses stolen credit cards and received property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of the D and F Statements;

1. Relevant Article 331(2) and (1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of stolen credit cards and the choice of imprisonment), the choice of punishment for a crime;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (in cases where damage has not been recovered, but the defendant repents wrong facts, and the amount of damage is not relatively

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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