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(영문) 대전지방법원 2014.11.14 2013고단3675
절도등
Text

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on January 10, 2014 and the judgment became final and conclusive on January 10, 2014.

1. At around 18:20 on May 18, 2013, the Defendant: (a) at the victim D’s house located in Ulsan-gun, Ulsan-gun, 107 Dong 504, the Defendant stolen, with three credit cards owned by the victim (on the face, new, BC); (b) two physical card; (c) one welfare card; (c) one identification card; (d) one cash and check; (c) 400,000 won in total; (d) one wall; and (e) one cell phone.

2. At around 18:40 on May 18, 2013, the Defendant withdrawn KRW 3,240,000 by using a stolen agricultural technology card (credit card number:E) at the office of profit-making in Ulsan-gun, Ulsan-gun, U.S., U.S., and then cut KRW 5,120,000 by withdrawing KRW 1,880,000 by using a community credit cooperative physical card (credit card number:F).

3. At around 19:00 on May 18, 2013, the Defendant withdrawn 300,000 won in cash from the cash payment machine located at the Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, by using stolen or modern credit cards, as seen above, from the cash payment machine located at that place, and stolen, and used stolen credit cards.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Agricultural CCTV photographs;

1. Investigation report (investigation into details of transactions and telephone conversations);

1. Application of Acts and subordinate statutes to the report on the result of the disposition and confirmation;

1. Relevant Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and selection of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent offenders, all the conditions of sentencing indicated in the records, such as the fact that they could have been punished concurrently with the final and conclusive judgment as stated in the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (hereinafter referred to as the “final and conclusive judgment”), repetition of the same kind of offense, recovery from damage (unrefford circumstances), Defendant’s age, character and conduct, environment, relationship with the victim, progress of the trial

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