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(영문) 광주지방법원 2020.10.15 2018고단2722
야간건조물침입절도등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2018, the Defendant was sentenced to two years of imprisonment for a violation of the Military Service Act by the Gwangju District Court, and the judgment became final and conclusive on July 13, 2018.

【Criminal Facts】

1. On October 7, 2015, the Defendant: (a) opened the entrance door of the C Office located in Gwangju Northern-gu, Gwangju, on October 7, 2015; and (b) intruded into the entrance; (c) opened one cell phone owned by the victim D (amounting to KRW 800,000 at a market price) and one check card issued by the Gwangju bank.

2. Use of fraudulent or stolen debit cards;

A. On October 7, 2015, the Defendant: (a) around 04:20, at the G convenience store operated by the Victim F in Chungcheongnam-gu, Gwangju; (b) presented 11,500 won in total on three occasions to an employee whose name is unknown as if he/she was his/her cream card; and (c) received goods equivalent to the said money, such as tobacco, lavered rice, and instant cup.

B. On October 7, 2015, the Defendant: (a) around 12:20, at the I convenience store operated by the victim, whose name is unknown; (b) presented that he/she completed the G-based C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements prepared in D;

1. A copy of the details of transactions of postal cards;

1. Previous convictions: Court rulings, the progress of trials and the application of Acts and subordinate statutes of the summary agreement and assistance to cases;

1. Relevant provisions of the Criminal Act, Article 330 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen debit cards, the use of stolen debit cards, and the choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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