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(영문) 서울중앙지방법원 2017.11.22 2017고단5288
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

Reasons

Punishment of the crime

[criminal record] On October 19, 2016, Defendant A was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court, and on March 30, 2017, Defendant A was released on parole on March 30, 2017 and passed on April 27, 2017 during the execution of the sentence.

Defendant

B On March 23, 2016, the Busan District Court was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Busan District Court on March 31, 2016, which became final and conclusive on March 31, 2016.

[2] On July 18, 2017, the Defendants discovered the victim E who was under influence of alcohol in front of the Seocho-gu Seoul Metropolitan Government D Building at around 02:18 on July 18, 2017, and Defendant B reported the network around its surroundings, and Defendant A carried the victim with 60 million won of the market value of the victim, which is equivalent to KRW 1,00,000,000,000,000,000 won.

As a result, the defendants stolen the victim's property together.

[2017 Highest 6298 (Defendant A)]

1. Around May 14, 2017, the Defendant acquired one copy of the modern M Credit Card (Credit Card Number: I) in the name of the victim H lost on the street around the G convenience store located in Mapo-gu Seoul Metropolitan Government F, around 02:30.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On May 14, 2017, around 13:49, the Defendant, at the “L convenience store” in the Seoul Jongno-gu Seoul Jongno-gu Seoul High Court’s operation, took place as if the Defendant was the lawful holder of the said card, and settled KRW 18,400 with the said card as if the Defendant were the lawful holder of the modern Max as indicated in paragraph 1, and received the delivery of goods, such as tobacco, etc. equivalent to the said amount, and used the lost credit card unlawfully.

B. On May 14, 2017, the Defendant, at around 13:59 around the Seoul Jongno-gu M and 102 “O convenience store” in the victim N management of the Jongno-gu Seoul M and 102, committed as if the Defendant was the lawful holder of the modern M Credit Card as indicated in paragraph (1).

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