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(영문) 춘천지방법원 2014.11.06 2014고단848
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On December 6, 2013, the Defendant was charged with murder, etc. with the Chuncheon District Court, and was sentenced to 15 years of imprisonment on April 18, 2014, and is still pending in the appellate trial.

【Criminal Facts】

1. On August 19, 2013, the Defendant: (a) killed the victim D, who was a female living together with the Defendant, and left the body alone on August 22, 2013; (b) went back to the victim’s bank located on the above house floor; (c) went back to the victim’s bank; and (d) deducted the victim’s credit card number (credit card number: E) owned by the victim from the bank located on the above house.

Accordingly, the defendant stolen the victim's property.

2. On September 11, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented a copy of Samsung Credit Card (Credit Card No. E) in the name-free employee under the name of the victim G, which was operated by the Plaintiff G, as if he had the right to use the credit card; (b) made him prepare a stolen Samsung Credit Card No. 22,350 won, as described in paragraph (1); (c) used the stolen credit card in a way that signed the signature column for the signature of the sales slip; and (d) exempted the victim who believed that the said credit card is genuine, from paying the amount equivalent to KRW 22,350, the Defendant acquired pecuniary profits equivalent to the said amount.

In addition, between August 23, 2013 and September 16, 2013, the Defendant used Samsung Credit Card in the name of Samsung, which was stolen on a total of 34 occasions, as described in the attached Table of Crimes, and acquired pecuniary benefits equivalent to the same amount by removing payment of KRW 2,181,509 in total by the same method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A written statement (victim J et al. and fifteen persons);

1. A detailed statement of card use;

1. A detailed statement of card issuance;

1. 8. 19. Use of Samsung Card

1. Application of statutes on sales slips;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and each criminal law;

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