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(영문) 서울서부지방법원 2015.05.07 2015고단758
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 29, 2015, around 19:30 on January 29, 2015, the Defendant: (a) taken advantage of the gap in which the victim E, who was seated in the next place, was locked and neglected surveillance by making the locked place; and (b) took advantage of the gap in which the victim’s physical cards, etc., owned by the NA, which were owned by the victim off, were stolen.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On January 29, 2015, the Defendant: (a) purchased tobacco, milk, etc. at H convenience stores operated by the victim G located in the above F F on January 29, 2015; (b) in purchasing tobacco, and milk, the Defendant: (c) stolen the above E-mail card (the card number omitted); (d) but (e) issued the said card to the employee under the name of the lawful holder of the said card, as if he were the lawful holder of the said card, and (e) issued the said card to the employee; (e) had the victim settle the payment of KRW 10,400 on two occasions; and (e) had the victim pay the amount of KRW 10,400 on two occasions, thereby obtaining pecuniary benefits that would be exempted from

B. At around 20:09 on the same day, the Defendant: (a) purchased a 1-day emergency vehicle in K, which is managed by the victim J of the said I located in the said I; (b) by deceiving the victim by such means as above; and (c) by having the victim settle the 111,200 won of the said card, the Defendant acquired the pecuniary benefits that would be exempted from payment of the said amount; and (d) used the stolen credit card.

C. At around 20:21 on the same day, the Defendant: (a) by deceiving the victim’s side by the aforementioned means while purchasing tobacco, etc. from the NTS operated by the victim M; and (b) by allowing the victim to pay 5,700 won to the above card, the Defendant acquired property benefits that would be exempted from the payment of the equivalent amount; and (c) used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, G, J, and M;

1. An investigation report (an investigation of stolen cards users) 1.

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