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(영문) 인천지방법원 2016.08.26 2015고정3522
절도등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. from the Busan District Court’s Vice Branch on January 14, 2015, and the said judgment became final and conclusive on April 9, 2015.

[Criminal facts]

1. From around 04:00 on June 14, 2014 to around 09:00 on the same day, the Defendant stolen the victim D’s game in CPC room located in Yeongdeungpo-gu Seoul Metropolitan Government from around 04:00 to around 09:00 on the same day by taking away goods equivalent to KRW 600,000 at the market price, such as modern cards, resident registration certificates, handphones, etc.

2. Computer and other fraudulent means;

A. On June 14, 2014, from around 08:31 to 09:06, the Defendant purchased cultural merchandise coupons worth KRW 200,000 from T-sore to seven occasions, as indicated in the list of crimes in attached Form 1, by means of a small amount settlement method that can immediately be commercialized on the Internet, using the fact that the Defendant does not have a security device on the stolen hand phone.

B. On June 14, 2014, the Defendant: (a) purchased KRW 89,800 on June 14, 2014; (b) T-moneoneoney 9,800 on June 14, 2014; and (c) received KRW 160,000 on two occasions from the Korean bank passbook by purchasing each of T-mone 9:00 won around 12:03:51 on June 14, 2014; and (b) received KRW 160,000 from the Korean bank passbook.

Accordingly, the defendant obtained property benefits by inputting information without authority.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Previous convictions in judgment: Application of investigation reports (Attachment of the latest final and conclusive judgment by the defendant), the second half of 2510, the second half of 2700, 308, 3020, and 3218 Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention in Section 329 of the Criminal Act), Article 347-2 of the Criminal Act (a inclusive, the point of fraud by computer), and the choice of each fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70 of the Criminal Act to attract a workhouse.

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