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A defendant shall be punished by imprisonment for three years.
However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 29, 2015, the Defendant with special robbery: (a) around 17:20 on October 29, 2015, the place where the crime was committed in Seocheon-gu, Seocheon-si C is the residence of the victim; and (b) the entry
In this regard, with wearing a uniform, “the blade has been assigned to her house,” “the victim D (75 Dose) who was carrying the front door with the heater and threatened the victim with excessive (9 cm in length on the blade) which is a deadly weapon (9 cm in length on the blade) on the chest of the damaged person, and the victim threatened him with “the dead if he hears the horse.”
The Defendant continued to attract the victim to the innerly, and caused the victim to go against the victim by combining the arms and trees of the victim with the gambling tape (No. 5). After the Defendant failed to resist the victim, the Defendant continued to carry smartphones, enterprise bank credit cards, one of the SK credit cards, etc. owned by the victim.
Accordingly, the defendant took the victim's property by force.
2. On October 29, 2015, the Defendant was provided cash services of KRW 700,000,000 by inserting a strong corporate bank credit card as described in paragraph (1) into a cash payment machine that is managed by the Defendant, at a 1st credit station located in Seocheon-si, Seocheon-si, Seocheon-si, Seoul, with a view to the violation of the Act on thief and credit finance business.
In addition, the Defendant used the credit card taken by force three times in total, such as the list of crimes in the attached list, and stolen the total amount of KRW 1,300,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on investigation by the police and the materials and records attached thereto;
1. Written expert evidence of salvance;
1. Application of Acts and subordinate statutes to the specifications of approval for domestic transactions of enterprise BC cards, the specifications of approval for the use of one card, and the specifications of illegal use of one card;
1. Article 334(2), Articles 334(1), and 333 of the Criminal Act regarding criminal facts, the choice of punishment, and Articles 334(2), 333 of the Criminal Act, Article 329 of the Criminal Act, and Article 70(1)4 of the Act on Financial Business Specializing in Credit (credit card).