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(영문) 광주지방법원 순천지원 2018.03.29 2017고단2596
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2017, the Defendant, at around 02:50, found, on the road of “D main points” located in C, a credit card owned by the victim E, a credit card owned by the victim E, one copy of the company bank card, one resident registration certificate, and one copy of the market price unexplosion card.

Nevertheless, the Defendant did not take necessary procedures such as returning the acquired property to the victim, but embezzled on his own idea.

2. On April 9, 2017, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased bicycles within the “H point operated by the victim G in F at F at P time on April 11:15, 2017, and presented it to the victim as if he/she had a legitimate possession, and used it as if he/she had a legitimate possession. The Defendant immediately obtained a bicycle from the victim and acquired it by delivery of “the 21 single bicycle, b1,000 won at market price.”

3. On September 14, 2017, at around 01:30 on September 14, 2017, the Defendant: (a) got on a passenger-use toilet in the maritime park, which was located in 130-1, with the 130-1 square; and (b) went on one unclaimed bicycle at the market price, where the victim was absent.

Accordingly, the Defendant stolen the property owned by the victim.

4. On September 14, 2017, the Defendant: (a) around 03:20 on September 14, 2017, the Defendant: (b) got in front of the 1st floor corridor located in 46-19, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do; (c) reported bicycles owned by the victim I; and (d) intruded into the building with the lock device of the said bicycle onto the market price, leading the bicycle.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and I;

1. A credit card sales slip;

1. Application of each statute on photographs;

1. Article 360(1) of the Criminal Act in relation to the facts constituting an offense (the point of embezzlement of possession) and Article 347(1) of the Criminal Act (the point of fraud).

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