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(영문) 전주지방법원 2019.01.24 2018고단2225
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special larceny Defendant and B around August 5, 2018: (a) around 23:00, left a door on the victim E’s franc flaf adjacent to D C located in Yansan-gu Seoul Metropolitan City, and left the door, the Defendant reported the network, and (b) carried out one fatc card, one, one, one, one, one, one, one, one, one, one, one, and one, one, one, one, and one, one, a student card, and one, a cash.

As a result, the defendant and B stolen the victim's property together.

2. Fraud and Specialized Credit Financial Business Act Defendant and B, around 00:08, on August 6, 2018, committed as if they had a legitimate title to use the F&C card which they stolen from paragraph (1) while getting a cab driving by the non-victim within the front city (hereinafter referred to as 0:08) and acquired financial profits equivalent to the same amount by allowing the victim to pay the 4,800 won of the taxi fee using the said F-CC card.

In addition, from August 6, 2018 to August 00:40, the Defendant and B obtained the financial gains of 72,240 won in total on five occasions by using the F Body Card in the name of E, such as the F Body Card in the attached Table of Crimes, and used the F Body Card in the name of E.

Summary of Evidence

【Each Facts at the Time of Sales】

1. Defendant's legal statement;

1. E statements;

1. Reports on internal investigation (the voluntary appearance of a suspected victim A and recovery of damaged articles), and reports on internal investigation (the seizure of damaged articles and return of victims);

1. Application of each photograph and receipt statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Articles 347(1) and 30 of the Criminal Act, Articles 70(1)3 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act (the occupation of stolen credit card use and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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