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(영문) 서울북부지방법원 2014.08.21 2014고단2312
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 29, 2014, the Defendant: (a) around 13:00 on May 29, 201, at the 2 learning room of the Dongdaemun Library located in Dongdaemun-gu, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, the victim C used the gap in the location of the victim’s divers; (b) carried one cell phone of the gallonian 3 mobile phones equivalent to KRW 1,067,000 in the market price on the victim’s book.

From that time until July 3, 2014, the Defendant stolen property worth KRW 3,815,000, total market price owned by the victims from the Dongdaemun Library, such as the list of crimes in attached Form, from that time to that time.

2. On June 20, 2014, at around 11:55, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased food beverages from the “F”er operated by the victim E located in Dongdaemun-gu Seoul, Dongdaemun-gu; and (b) paid KRW 12,900 as the food beverage price by presenting the KBC card in the name of G that stolen, as shown in the [Attachment Table No. 2], to the victim who is unaware of the fact, as if it was one’s genuine card.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to 12,900 won, and used stolen credit cards.

3. On June 20, 2014, the Defendant attempted to settle KRW 25,00 as a tobacco price by presenting the KBC card under G’s name to the victim who was unaware of the fact that he was the Defendant’s card, but was attempted to settle KRW 25,00 as a tobacco price, at around 12:04, the Defendant purchased one cigarette from the “J”er operated by the victim I located in Dongdaemun-gu Seoul Metropolitan Government H, Dongdaemun-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, C,K, L, M, E, I, and N;

1. Application of a detailed statement of credit card use, and a copy of card statements;

1. Relevant Articles 329, 347 (1) and 352 of the Criminal Act concerning criminal facts; Article 70 (1) 3 of the Specialized Credit Financial Business Act;

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

1. The defendant under Article 62 (1) of the Criminal Act is a violation of the Establishment of Homeland Reserve Forces Act;

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