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(영문) 광주지방법원 장흥지원 2019.09.26 2019고단144
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 00:00 on June 28, 2019, the Defendant: (a) opened a “D entrance” where a separate room for the operation of the Victim C located in Heung-gun, Chungcheongnam-gun; or (b) opened a door to rest; (c) taken one credit card owned by the victim inside the cell phone wall of the victim located on the front of the air conditioning station; and (d) taken one copy of the credit card owned by the victim inside the cell phone wall of the victim.

Accordingly, the defendant stolen the victim's property by intrusion into the room occupied by the person at night.

2. On June 28, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 00:35, 2019, the Defendant illegally used another person’s credit card, which was stolen, by making a stolen credit card as described in paragraph (1), to pay the amount equivalent to KRW 90,300,00 to the victim, from that time on three occasions until 00:44,620, as indicated in the separate sheet of crime, at a taxi platform operated by the victim C, and at a place where it is impossible to know whether or not it was possible to know whether or not at the end of the same day after boarding the taxi operated by the victim C.; and (b) by inducing the victim to pay the taxi expenses of KRW 90,300,00,00 from the victims.

3. Attempted fraud.

A. On June 28, 2019, the Defendant: (a) issued an order to breadb and 1 disease in H, which was operated by F Victim G on 03:18, 18, 2019; (b) presented the stolen C’s credit card as described in paragraph (1); (c) by deceiving the victim as if he/she had a legitimate right to use the credit card; and (d) attempted to settle KRW 10,000 by deceiving him/her as if he/she had a legitimate right to use the credit card; (c) however, the Defendant was

B. At around 04:30 on the same day, the Defendant purchased goods at the K convenience store operated by the victim J of the IJ of the 1,000 won, and presented the credit card of the said C, and attempted to settle KRW 1,000 in the same manner as described in the above paragraph (a), but was rejected by the report of the loss of C and attempted.

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