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(영문) 수원지방법원 성남지원 2015.07.02 2015고단783
절도
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2014, the Defendant discovered one mobile phone of “galgnognogian 2” and one credit card of a national bank, which was the market price of which the victim F was placed on the back seat of the above taxi in the front side of Sung-nam-si E-gu, Sungnam-si, Sungnam-si, and stolen.

2. Defendant B

A. On July 30, 2014, around 04:37, the Defendant: (a) received a stolen charge from the Defendant, knowing that the Defendant was a stolen charge of one credit card of a national bank owned by the Defendant F, who was the victim F, and acquired the stolen charge.

B. On July 30, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased one cigarette from the Hart operated by Sungnam-si G Victim I while having no intent or ability to pay the price; (b) as if he was a legitimate holder, he had the Defendant prepare and pay sales slips by presenting a credit card to the national bank listed in the foregoing paragraph (a) and having the Defendant do so; and (c) he received one cigarette of the amount of KRW 27,000 at the market price from the victim; and (d) used stolen credit cards.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement in F and I;

1. Application of Acts and subordinate statutes on credit card sales slip;

1. Relevant Article 329 of the Criminal Act and the choice of punishment - Defendant A: Imprisonment with prison labor; Article 329 of the Criminal Act; Article 347(1) of the Criminal Act (Fraud); Article 362(1) of the Criminal Act (the acquisition of stolen things); Article 70(1)3 of the Specialized Credit Finance Business Act (the illegal use of credit card); and the choice of imprisonment with prison labor;

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

1. Defendant A [the scope of recommending punishment] for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence, in consideration of the following: (a) the mitigation area (4 to 10 months) for the larceny area (general larceny) for general property; (b) the exemption area (special mitigation area); (c) the exemption area for the punishment was restored; and (d) there was no previous conviction and no previous criminal record for the suspended sentence.

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