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(영문) 제주지방법원 2014.05.09 2014고단289
야간건조물침입절도등
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. A thief: (a) around 03:00 on November 28, 2013, at the “C” parking lot located in Seopopoposi B, the Defendant opened a door-free door of the E pressle van owned by the victim D, which was parked therein; and (b) cut off one wall containing 130,000 won in cash owned by the victim within the early receipt box, NAC card 1, NABC card 1, NABC card 1, NABC card 1, resident registration certificate, and driver’s license.

2. On November 28, 2013, at night, the Defendant: (a) opened a locked door at the main point of the “H” operation of the Victim G located in Seopoposi F on November 28, 2013; and (b) committed theft with one small credit cooperative owned by the victim and 150,000 won at the market price.

3. On November 28, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) presented food and alcohol in an amount equivalent to KRW 250,00,00 and paid for the payment of the price to the “K cafeteria” in the victim J’s operation of Seopo-si, Seopo-si, with no intent or ability to pay the price; (b) and then, as if he was a legitimate holder, presented and settled the FF card, as stated in paragraph (1), as if he was the lawful holder, and then received the above food, etc. from the victim and received it, and used the debit card that stolen and stolen it, from that time until 06:44 of the same day, he received property or acquired pecuniary benefits in the aggregate of KRW 410,000, and used the stolen debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, L, J, M, and G Preparation;

1. Application of sales slips, photographs, and expert opinions by credit card Acts and subordinate statutes;

1. Relevant legal provisions and choice of punishment concerning criminal facts: Articles 329, 330, and 347(1) of the Criminal Act (the occupation of larceny at night), and Article 70(1)3 of the Specialized Credit Financial Business Act (the occupation of fraud or debit card), and Article 70(1)3 of the Specialized Credit Financial Business Act (the occupation of fraud, larceny, and breach of the Specialized Credit Financial Business Act).

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