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(영문) 서울남부지방법원 2016.11.30 2016고단4203
특수절도등
Text

Defendant

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

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. From around 04:00 on August 2, 2016, the Defendants of special larceny: (a) taken off the Diplomatic Division located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) opened up three corridors to steals thought that they stolen things; (c) colored the stolen objects; and (d) taken off the victim E’s smartphones in an amount equivalent to KRW 1.2 million, and one credit card card, etc. at the market price of the victim E who was divingd by Defendant A in the hospital No. 201.

As a result, the Defendants stolen the property jointly.

2. The Defendants in violation of the Fraud and the Specialized Credit Financial Business Act conspired to purchase tobacco using the stolen E credit card as set forth in paragraph 1.

At around 04:09 on the same day as paragraph (1) of this Article, the Defendants entered the vehicle to the H convenience point of the operation of the victim G management in Geumcheon-gu Seoul Metropolitan Government, and Defendant A, as if he were the lawful holder of the stolen credit card, as set forth in paragraph (1), settled the amount of 18,000 won, and used the stolen credit card at the same time as he received 4.00 tobacco equivalent to the market price of 18,000 won from the employee’s non-existence of name.

B. At around 04:37 the same day as the above paragraph (a) above, the Defendants were getting on and off the vehicle to the convenience point of the operation of the victim J in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant A settled the amount of KRW 90,000 in the same manner as the above paragraph (a), and at the same time, Defendant A used a stolen credit card at the same time as he received two cigarettes equivalent to the market price of KRW 90,000 from employees L.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of E and G preparation;

1. Investigation report (The investigation of CCTVs in the second floor of the D Council members);

1. Investigation Report (KN CCTV investigation) - including receipts and photographs;

1. Investigation Report (H convenience CCTV investigation) - including receipts and photographs;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Articles 331(2) and (1) of the Criminal Act (the point of special larceny) and Articles 347(1) and 30 (the point of fraud and the choice of imprisonment, respectively) of the Criminal Act;

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