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(영문) 서울동부지방법원 2019.03.25 2019고단494
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to one year of imprisonment for night room, intrusion, theft, etc. at the Seoul Western District Court on the parole on September 29, 2017 and the parole period expired on October 13, 2017.

1. On August 31, 2018, the Defendant: (a) around 03:41, at night, was placed in the C funeral hall located in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) reported the victim D, who was divingd at the above location, stolen the article, and intruded into the victim D with an intention to steals; and (c) had one copy of a credit card (E card, card number F) posted to the A8 mobile phone unit and the above telephone case when the market value, which was the victim’s ownership on the table, was the victim’s galloned.

2. On August 31, 2018, the Defendant: (a) purchased goods at the convenience store operated by the victim H located in Seongdong-gu Seoul Metropolitan Government on August 31, 2018; (b) and (c) obtained goods in an amount equivalent to KRW 12,300 and used stolen credit cards from around that time to August 31, 2018, by deceiving the victims of the total amount of KRW 138,790, total amount of KRW 138,790, as shown in the separate sheet of crime, and illegally using credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of use of the E card;

1. Investigation report (the place of use and confirmation of the owner of the E card);

1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes on the acceptance status of each individual;

1. Relevant legal provisions concerning facts constituting an offense, Articles 330 and 347 (1) of the Criminal Act (the points of larceny at night), and Article 70 (1) 3 of the Specialized Credit Finance Business Act (the point of using stolen credit cards, the point of using stolen credit cards, and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: One month to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Fraud);

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