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(영문) 수원지방법원 안산지원 2015.03.17 2014고단3185
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant C was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on November 5, 2014, and 2 years of suspended execution, and the judgment became final and conclusive on November 13, 2014.

Defendant

A on November 5, 2014, he/she was sentenced to six months of imprisonment with prison labor for special larceny at the Suwon District Court and two years of suspended execution, and on November 13, 2014, he/she became final and conclusive.

Criminal facts

1. On August 25, 2014, from around 22:00 to around 04:00 on August 26, 2014, the Defendants: (a) opened a door for a AOren car van that was stopped by a victim N. (the age of 43) who was not corrected, and opened a door for the victim N. (the age of 43) and cut off with a wall and credit card on the market price.

As a result, the Defendants committed a theft of another's property jointly.

2. No person who violates the Specialized Credit Financial Business Act may use a stolen credit card;

Nevertheless, at around 04:47 on August 26, 2014, the Defendants conspired to pay KRW 15,300 for taxi expenses by using a stolen credit card at a place where the location is unknown, and subsequently, at a veterinary hospital located in AP in Ansan-si AP in Ansan-si, the Defendants settled KRW 903,000 in total when purchasing Gangwon and pet goods at a veterinary hospital located in AP in Ansan-si.

As a result, the Defendants conspired to use stolen credit cards.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of police officer with respect toN;

1. Details of card transactions and photographs (number 4);

1. Each inquiry report, investigation report (verification report of confirmation of the confirmation of a trial against a suspect), application of statutes of the judgment;

1. The Defendants: Article 331(2) and (1) of the Criminal Act; Article 70(1)3 of the Specialized Credit Financial Business Act; Article 30 of the Criminal Act (the use of stolen credit cards and the choice of imprisonment).

1. Defendants who commit concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendants from among concurrent crimes: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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