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(영문) 청주지방법원 2016.12.06 2015고단2256
특수절도등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Special larceny Defendant: (a) went to Seoul to seek work together with C and D, which he met and came to know at the church in Geumcheon-dong, Kucheon-si; and (b) there was a need for living expenses; and (c) he was able to steal another’s property in a state that the mental retardation may discern things or lacks the ability to make decisions.

On October 7, 2015, around 02:40 on October 7, 2015, the Defendant, C, and D kept the victim G in the second floor of the F store located in Dongdaemun-gu Seoul, Dongdaemun-gu, and kept the gap between the Defendant and D in the toilets, reported the network, and C moved in one credit card of the victim from the wall located in the victim's bank.

In collaboration with C and D, from October 13, 2015 to October 22:20, 2015, the Defendant stolen property equivalent to the total amount of KRW 1,050,000, which was owned by the victims on five occasions, as shown in attached Table 1.

2. On October 7, 2015, at around C, D, and around 03:28, the Defendant violated the Specialized Credit Financial Business Act: (a) boarded a taxi operated by the injured party J on the part of the I Hospital located in Dongdaemun-gu Seoul, Seoul and moved to the new village of Seodaemun-gu, Seoul; (b) presented that the credit card of G that was stolen from F is a credit card of C; (c) obtained economic benefits equivalent to the same amount by settling the taxi fee of KRW 22,920; and (d) illegally using the stolen credit card.

The Defendant, in collusion with C and D, presented the credit card that was stolen to victims over 15 times from the time of the occurrence of things or lack of decision-making capacity due to mental retardation from October 18, 2015 to October 05, 2015 as if it were C’s credit card, and paid a sum of KRW 2,186,420, and then acquired the same amount of financial benefits.

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