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(영문) 의정부지방법원 고양지원 2017.11.17 2017고단2745
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on one year and six months, and completed the execution of the said sentence at the original prison on June 30, 2015.

1. A thief: (a) on September 9, 2017, the Defendant thief: (b) taken off the DNA 202 DNA c in Gyeyang-gu, Gyeyang-gu; (c) on September 9, 2017, where the victim E was able to drink breadly drink with the Defendant’s resident registration certificate and the Nong AFC mobile phone case in the market price where the Victim E was able to drink with the Defendant’s physical card.

In other words, they stolen them.

2. On September 9, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented the Victim G management H in Gyeyang-gu, Seoyang-gu; (b) as indicated in paragraph (1) to the victim, as if the Defendant was a legitimate right holder; and (c) purchased three half-yearly cards.

Accordingly, the defendant deceivings the victim by using a stolen third party's physical card, and he obtained three half-yearlys of the market price of 69,000 from the injured party and acquired it by fraud.

3. The unlawful uttering of official document presented E’s resident registration certificate which was stolen, as described in paragraph 1, while the Defendant was asked to present an identification card from the above G in the process of purchasing three profics using the No. 2’s agricultural card at the time, place, and in the process of purchasing three profics using the No. Doc Card.

Accordingly, the defendant did not exercise his resident registration certificate of E, an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of damage E and G;

1. A list of sales slips;

1. A report on internal investigation (for telephone conversations of a victim), a report on internal investigation (for CCTV reading), and a report on investigation (for CCTV reading with respect to the CCTV reading of a victim’s CCTV);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report, text of judgment, copy of summary order, and Acts and subordinate statutes on personal confinement;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act of the choice of punishment for the crime (abstinence and choice of imprisonment) and the Criminal Act.

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