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(영문) 서울북부지방법원 2016.05.04 2016고단14
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2015, around 01:30 on September 25, 2015, the Defendants discovered that there was a wall, smartphone in the above victim E (32) (32) that was divingd by the roadside trees expected at the same location while under the influence of alcohol, they carried one smartphone, one driver's license, one driver's license, one copy of the national bank's physical card, one copy of the market price in which the Defendant A was in possession of the victim.

As a result, the defendants stolen the victim's property together.

2. On September 25, 2015, the Defendants in violation of the Act on Fraudulent and Credit-based Financial Business purchased tobacco, etc. at a G convenience store operated by Jung-gu Seoul, Jung-gu, Seoul, and the first floor victim’s name, and settled 12,100 won by suggesting that he/she was the Defendants’ card to the employees of the above convenience store who are unaware of the fact as described in paragraph 1, as if he/she was the Defendants’ card, and received goods equivalent to that amount. From that time to 08:59 on September 25, 2015, the Defendants purchased goods equivalent to KRW 592,000 in total at the market price of KRW 592,00 in the same manner as indicated in the list of crimes in the attached Form, and received goods equivalent to that amount.

As a result, the Defendants conspired to attract victims to receive property or property benefits, and illegally used stolen check cards.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Details of use of credit cards and a statement prior to approval;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions and each defendant's choice of punishment for a crime: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 347(1), and Article 30 of the Criminal Act (the point of fraud, the choice of imprisonment, and the choice of punishment), Article 70(1)3 of the Act on Business Specializing in Credit, and Article 70 of the Criminal Act.

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