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(영문) 대전지방법원 홍성지원 2015.09.23 2015고단639
특수절도등
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. The Defendant had a mind to steals money and valuables on another person’s vehicle in order to raise funds for B, C and life expenses;

On September 19, 2014, at around 23:00, the Defendant discovered the victim’s Mat Business car owned by the victim D, which was parked in the Red Station parking lot No. 272-ro, Hong-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, and the Defendant and C, and the Defendant and C, considered the network in the surrounding areas, and the Defendant and C were forced to put in the front door, returned a car back, and opened a driver’s seat, and collected KRW 1,200 in the inside of the said car.

The Defendant, together with B and C, stolen the victims' property through the same method three times in total, as shown in the attached list of crimes.

2. Violation of the Specialized Credit Financial Business Act and the Defendant: (a) conspiredd to drink with credit cards in the name of D, which were stolen, as described in B, C, and paragraph (1).

B around 00:08 on September 20, 2014, around 00:08, at the “H” intersection managed by the victim G in Hong-gun F, Hong-gun, Hong-gun, the credit card in the above-mentioned name was presented to G and purchased 20,000 won in the market price.

Accordingly, the defendant used stolen credit cards in collusion with B and C, and acquired the victim's property by fraud.

Summary of Evidence

【Each Facts of No. 1 at the Time of Sales】

1. Defendant's legal statement;

1. Seizure records;

1. Second written examination of suspect suspect B by the police;

1. The second and third suspect examination protocol of the police in relation to C;

1. Statement of statement by the police about D (each fact of Article 2 at the time of market approval);

1. Defendant's legal statement;

1. Second written examination of suspect suspect B by the police;

1. Second protocol of interrogation of C by the police;

1. Statement made to D by the police;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and each special larceny of the choice of punishment: Fraud under Article 331(2) and (1) of the Criminal Act: Article 347(1) and Article 30 of the Criminal Act; Use of stolen credit cards: Article 70(1) of the Specialized Credit Finance Business Act;

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