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(영문) 부산지방법원 서부지원 2018.09.12 2018고단434
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 21, 2018, around 19:10, the Defendant: (a) purchased “D” restaurant located in Busan, Seoan-gu, Busan; and (b) made a theft by deeming that one credit card owned by the victim E, the owner of the business, while drinking alcohol, was far away from the floor; (c) on February 21, 2018, the Defendant used the stolen credit card to pay the amount equivalent to KRW 630 by presenting the stolen credit card to the victim, as if he/she were the genuine holder of the stolen credit card, on February 21, 2017, within H convenience store operated by Busan, the Defendant of the Financial Business Specializing in Fraud, around February 19:25, 2017.

At around 19:30 on the same day, the Defendant continuously ordered the owner and the owner of the vessel within the J's main point operated by the victim I, and calculated the pre-paid credit value up to the pre-paid credit value, as stated in Paragraph 1, and used a stolen credit card by presenting 3700 won to the victim I as he/she is the genuine holder, and acquired a stolen credit card equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, and I;

1. Application of each investigation report (the details of the use of cards and CCTV outputs from damaged scene) Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Business Specializing in Credit Business (the use of each stolen credit card), and each choice of imprisonment with prison labor, for a crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act (i.e., confession, reflective attitude, scale of damage, method of number of crimes, recent criminal records, period of detention, etc.);

1. The scope of larceny according to the sentencing guidelines is among two types of larceny for general property (general larceny).

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