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(영문) 서울중앙지방법원 2018.10.25 2018고단5268
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 17, 2018, at the seat No. 48 of the “C” room located under the Dongjak-gu Seoul Metropolitan Government Ground B, Dongjak-gu, Seoul around 19:30,000 won in cash, which is the victim’s possession of seated seated by creshing the seated by the victim D, and the market price equivalent to 300,000 won in debit card No. 2 (the citizen, the agricultural cooperative) was stolen.

2. Around February 19, 2018, the Defendant violated the Act on the Financial Business Specializing in Credit and the Act and the defrauded paid a death or use fee equivalent to 105,700 won from “G” operated by the victim F in Songpa-gu Seoul, Songpa-gu, Seoul, and used a stolen debit card by presenting the stolen debit card (national) to the manager at the relevant place as if the Defendant was the debit card owned by the Defendant and paying the price to H, and acquired a pecuniary profit equivalent to the same amount.

3. On February 20, 2018, the Defendant attempted to acquire economic benefits equivalent to the same amount by purchasing 6,000 won from the convenience store operated by the JJ of the owner of the business located in Yeongdeungpo-gu Seoul Metropolitan Government, on February 20, 2018, the Defendant attempted to pay the purchase amount of KRW 10,00,00, such as tobacco (Malaysia) 1, and drinking water ( Home Cost Ledger) from the convenience store operated by the owner of the business located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. However, the Defendant attempted to acquire economic benefits equivalent to the same amount by presenting the stolen debit card (CF) to L who was owned by the Defendant as if he was a debit card owned by the Defendant. However, the Defendant failed to comply with such intent with the wind that the approval is refused.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (Evidence No. 1), internal investigation report (Evidence No. 5 through 8, 11 through 14)

1. A detailed statement of M resignation or settlement;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 329 of the Criminal Act, Article 329 of the choice of punishment for the crime, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen debit cards) and Article 347 (1) of the Criminal Act (the use of stolen debit cards), Articles 352 and 347 (1) of the Criminal Act (the attempted use of fraud) of the Criminal Act, and Article 1 of the choice of imprisonment.

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