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(영문) 서울남부지방법원 2015.03.12 2015고단368
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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. At around 06:00 on January 31, 2015, the Defendant reported that the victim E was diving in the “D Ba” underground of the Yangcheon-gu Seoul Metropolitan Government CA building, and that the victim E was locked with the rubber asphalt, which attached the key to the clothes of the sloping room, by leaving the right hand hand, deducted the key well at the front of the preparation in advance, and then cut the victim’s back the string door, and then cut off one resident registration certificate, one bank or debit card (credit card number : F), one company entry card in the victim’s name.

2. On January 31, 2015, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) around 06:57, at the IE point of the operation of the Victim H located in Gangseo-gu Seoul Metropolitan Government, and (b) without any intent or ability to pay the payment by means of a stolen-related card, the Defendant paid the amount equivalent to KRW 3 A. 13,500 of the instant E-bank’s debit card, which was stolen, as described in the foregoing paragraph (1), by presenting the debit card as one’s own act.

At around 07:02 on the same day, the Defendant continued to pay the “L” letter of “L” for the operation of the Victim K of the First Ground of Gangseo-gu Seoul Metropolitan Government J, without any intent or ability to pay the payment by means of a stolen-friendly card, and without any intention or ability to pay the payment, the Defendant received f0,000 won from Sari or employees M, and presented and settled the debit card of the above E-I Bank, which was stolen as in the above paragraph (1).

Accordingly, the defendant, by deceiving others, received property, acquired it, used stolen debit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by H and K;

1. Application of Acts and subordinate statutes to photograph seized articles;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the choice of imprisonment, respectively;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. Confiscation.

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