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(영문) 창원지방법원 마산지원 2018.12.07 2018고단991
야간건조물침입절도등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From December 6, 2017, the Defendant: (a) around 04:50 on December 6, 2017, at night, opened an office where the “E” type of “E” type of the victim’s D operation in Gangwon Steel-gun C; (b) opened an unlocked door and intruded into the door and opened up the door, and opened up one copy of the EBH bank card; (c) Korea’s V No. 1; (d) Korea’s card 1; (d) Korea’s card 1; (e) Korea’s V-C Card 1; (e) 1; and (e) GS point Card 1; and (e) 1; (f) the Agricultural Cooperative Security Card 1; (f) 1; (f) the Korea Bank Security Card 1; (c) one account book equivalent to KRW 2,00 in the market price; and (f) one (f) one (f) one (f) the market price and 100 (f) the market price.

2. On December 6, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased one of the “G” stores located in Gangnam Iron-gun F; (b) the market price of which is equivalent to KRW 1,300; and (c) presented V card (I) to the victim H as one of his own card; and (d) had the victim H pay 1,300 won, thereby having the victim gain pecuniary profits equivalent to that amount; (b) from that time, the Defendant acquired the victim’s pecuniary profits by having the victim pay 1,300 won; and (c) had the victim settle 10:39 of the same day by presenting the card under the name of the victim nine times in total, as indicated in the list of crimes in attached Table 10:39 of the same day, the Defendant acquired financial profits equivalent to the sum of KRW 25,000, and used the stolen credit card unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of J, K, L, M and N;

1. Police seizure records and list of seizure;

1. Application of each investigation report, a photograph of on-site CCTV-cape, photograph of approval of card, and receipt-related Acts and subordinate statutes;

1. Article 330 of the Criminal Act in relation to criminal facts (a thief by intrusion on a structure at night), Article 347(1) of the Criminal Act (a) of the Criminal Act (a thief by fraud and choice of imprisonment) and Article 70 of the Act on Financial Business Specializing in Credit.

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