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(영문) 수원지방법원 2014.05.12 2013고단2028
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 28, 2013, the Defendant: “Around January 28, 2013, the recipient of the means of electronic financial transactions,” posted by the Internet portal site, “The Defendant purchased a passbook at KRW 100,000,000, which is to be used for the exchange of game money.” The Defendant transferred the means of access to electronic financial transactions by delivering one copy of the passbook of a national bank issued at the number of original notes of the national bank, and cash cards connected thereto, to the above holders through Kwikset Service.”

2. On March 24, 2013, the Defendant: (a) was on duty in the E agency (the victim F of the store) located in Suwon-si, Suwon-si; (b) was retired without returning the entrance card; (c) went to the said E agency on March 24, 2013; (d) opened and opened a entrance by using the said card; and (e) entered into the entrance; and (e) was the victim’s ownership; (e) one galthopt 2 apparatus (No. 1); and (e) a galthopt 2 device (No. 946,000 won at the market price of an Aphone amounting to KRW 5 mobile phone (No. 2) at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of each existing statute applicable to one unit of 2 gallones seized gallonos (No. 1) and one unit of 5 mobile phones (No. 2);

1. Relevant Article of the Act on Criminal Facts and the transfer of the means of access to the option of electronic financial transactions: Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act; Article 330 of the Criminal Act;

1. From among concurrent offenders, a crime of violating the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not appear to be the sentencing guidelines. However, it is determined on the basis of night-time, residential intrusion and larceny, the sentencing guidelines in which the sentencing guidelines are presented, and on the basis of the likelihood of any more punishment in which the punishment is presented;

b) [Determination of types] larceny.

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