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(영문) 광주지방법원 순천지원 2015.03.06 2014고단2060
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On April 5, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for night intrusion larceny in the Gwangju District Court's order on April 5, 2013, and is currently under suspended sentence as of April 13, 2013.

【Criminal Facts】

1. At around 13:00 on October 18, 2014, the Defendant: (a) invadedd the above main room when drinking alcohol at the 'E’ point of the victim D operation in Mayang-si; (b) caused the above main room to intrude into the said main room; and (c) stolen KRW 200,000,000 in a market price of the victim’s inner machine located on the floor.

2. The Defendant violated the Specialized Credit Financial Business Act, around 13:10 on the same day, used a stolen credit card by paying the credit amount on credit by using the credit card of a national bank in the above D’s name, which was stolen, as described in paragraph 1, at a H restaurant operated by the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements prepared in D;

1. The police seizure record and the list of seizure;

1. Photographs of the seizure site;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 70 (1) 3 of the Specialized Credit Financial Business Act concerning facts constituting an offense (the use of stolen cards);

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the sentence of punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is to be imposed on the general property Type 1 (the scope of recommending punishment) [Article 4] and the special mitigation area (Article 4-1 and 6) [Article 2 and 3 of the Criminal Act (Article 4) where a person under special mitigation area intrudes into a living type or a place other than an indoor residential space (Article 4) (Article 4): The scope of recommending final punishment for which no sentencing guidelines are set: The decision of sentencing for not less than four months is to be imposed: the defendant's violation of the crime of this case, the amount of damage is relatively minor, and the victim D.

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