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(영문) 수원지방법원 안산지원 2018.09.06 2018고단2316
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 14, 2018, the Defendant: (a) around 04:0 on May 14, 2018, the Defendant: (b) opened a △△ restaurant operated by the victim C in Ansan-si, Ansan-si; (c) intruded the victim inside the restaurant; and (d) went into the restaurant; and (d) took part in the back part of the cafeteria, the Defendant brought 60,000 won in cash owned by the victim; and (d) one 1,000,000,000,000,000,000,000 won in the market price consisting of two copies of the NH C C’s physical card.

Accordingly, the defendant invadedd a structure at night and stolen the property.

2. On May 14, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, when boarding and leaving a taxi driving by the victim who is unable to know his name in the vicinity of the D Building in Ansan-si, Masan-si, Masan-si, Masan-ro 87, Annsan-ro, Annsan-ro, Annsan-ro, Annsan-ro, annsan-ro, which was 87, presented to both victims, as stated in paragraph 1, that the Defendant had the victim pay 6,100 won with the above physical card, and had the victim pay 6,100 won with the above physical card from around the above day to 06:02 of the same day, and denied the payment of 24,100 won in total or 24,100 won, as indicated in the list of crimes, and denied the stolen debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on receipts using convenience stores;

1. Relevant Article 330 of the Criminal Act concerning criminal facts, the choice of punishment (a point of intention), Article 347 of the Criminal Act (a point of fraud, a choice of imprisonment with labor), Article 70 (1) 3 of the Act on Specialized Financial Business for Credit (a point of wrongful use of card, and a choice of imprisonment with labor);

1. Although there was an agreement with the victim C on the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, it is necessary to punish the Defendant solely for the crime of this case even though the Defendant was subject to the suspended sentence for the same crime.

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