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Reasons
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(영문) 서울동부지방법원 2014.06.18 2014고단583
야간건조물침입절도등
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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. On December 31, 2013, the Defendant: (a) around 22:00 on December 31, 2013, the Defendant: (b) opened the entrance in front of the “E” restaurant operated by the victim D in Songpa-gu Seoul, Songpa-gu, Seoul; (c) opened the entrance in two hands; and (d) intrudes into the entrance; and (d) carried the cash owned by the victim, which was kept in his/her custody, in the bank of Songpa-gu.

Accordingly, the defendant invadedd the building managed by the victim and stolen the property.

2. At around 00:20 on March 3, 2014, the Defendant: (a) called “G restaurant” located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) the victim H, who is an employee, to be “only a telephone call,” and (c) the victim H, who used only a telephone call; (d) the Defendant, who received from the female one set of Samsung galth of Samsung 2 mobile phones worth KRW 100,000,000 at the market price, which is the victim’s possession, displayed by one head of our V credit card card, and escaped by using the gap in which the victim’s

Accordingly, the defendant stolen the victim's property.

3. Fraud and violation of the Specialized Credit Finance Business Act;

A. On March 3, 2014, the Defendant: (a) around 00:21, the Defendant: (b) committed the crime of convenience store in Songpa-gu Seoul, Songpa-gu, Seoul, as described in paragraph (2), committed the theft as if he was a legitimate holder of the said credit card; (c) presented the said card to the victim K as if he was a legitimate holder of the said credit card; and (d) was issued by the victim with two smokes of flad tobacco equivalent to KRW 50,000 in the market value.

Accordingly, the Defendant, by deceiving the victim, used a stolen credit card.

B. At around 00:24 of the above day, the Defendant: (a) induced the victim M by presenting the stolen credit card at “L convenience store” located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) was issued by the victim with a flady tobacco that is equivalent to KRW 25,00 in the market price at that place.

Accordingly, the Defendant, by deceiving the victim, used a stolen credit card.

Summary of Evidence

1. The defendant;

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