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(영문) 서울서부지방법원 2019.08.14 2019고단397
특수절도등
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

1. On December 18, 2018, the Defendants, with the victim C, who was aware of a club around 09:00, was accommodated in the 14th floor E of the Mapo-gu Seoul Metropolitan Government D hotel, and conspired to steal the victim’s wall, regardless of whether the victim was diving.

The Defendants got out of 40,000,000,000 won in the market in which the victim's cres in cres that the victim was locked first, and 20,000 won in cash are included.

As a result, the Defendants committed a theft of the total amount of 420,000 won of the market price owned by the victim.

2. On December 18, 2018, Defendants in violation of the Fraud and Specialized Credit Financial Business Act committed as if the Defendants were to be the lawful holder of the e-mail card in the name of Mapo-gu Seoul, Seoul, 09:34 on December 18, 2018, and had the said employees prepare the sales slip while paying accommodation charge equivalent to KRW 480,00,00, by presenting the said e-mail card to the employees in the name of the stolen C, as in paragraph (1).

In addition, from that time to 13:58 of the same day, the Defendant used the check card in the name of the stolen C, such as the attached list, to obtain property or pecuniary benefits in total of 18 times, and used the stolen check card.

3. On December 19, 2018, at H convenience stores located in Mapo-gu Seoul Metropolitan Government, the Defendants attempted to purchase goods equivalent to KRW 1,700, 300, by presenting the above physical card to an employee in his/her name in his/her location, even though the Defendants attempted to purchase the above physical card at H convenience stores located in Mapo-gu Seoul Metropolitan Government as if they were the lawful holder of the physical card. However, the Defendants failed to obtain approval due to reporting the loss of the physical card, and failed to achieve such intent.

Summary of Evidence

1. C’s legal statement;

1. Each police statement of C;

1. Czek cards;

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