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(영문) 서울동부지방법원 2016.12.08 2016고단1230 (1)
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 15, 2016, between the Defendant and C’s co-principal offender and C around 13:03, the Defendant came to be adjacent to E convenience points located in Gwangjin-gu Seoul Special Metropolitan City. The Defendant discovered a bank equivalent to KRW 5,000 at the market price set up on the part of the victim F, and sent a signal to C with a tideland, she saw it as the subject of the crime of the above bank, and she saw it as the object of the crime, and between them, C carried out the above bank.

Accordingly, the Defendant and C, together, stolen the victim's property equivalent to the total market value of 919,000 won, including a new bank credit card in the above bank and the credit card in the above bank, a new bank physical card, an agricultural bank, a corporate bank physical card, a driver's license, a driver's license, and a cash 14,000 won.

2. Criminal defendant's attempted fraud;

A. On April 15, 2016, the Defendant attempted to pay the amount by suggesting that he/she had legitimate right to use a stolen bank check, as prescribed in paragraph (1), at the H convenience store operated by the victim with no knowledge of his/her name in Gwangjin-gu Seoul Special Metropolitan City around April 15, 2016, purchased alcoholic beverages of an amount equivalent to 3,200 won from the H convenience store operated by the victim with no knowledge of his/her name in Gwangjin-gu, Seoul Special Metropolitan City. However, the Defendant failed to pay the amount because the said card was suspended from using the lost card.

Accordingly, the Defendant, by deceiving the above, attempted to receive property from the victim, but did not bring about such intent and did not commit an attempted crime.

B. On April 22, 2016, the Defendant attempted to pay the amount by presenting a stolen credit card to an employee who could not know his/her name when purchasing alcoholic beverages of an amount equivalent to KRW 1,400 from the J convenience store operated by the victim with no knowledge of his/her name in Gwangjin-gu Seoul Special Metropolitan City around 12:18, 2016, as if he/she had a legitimate right to use the credit card, as prescribed in paragraph 1. However, the said card was suspended from using the lost card.

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