logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.02 2013고단5511
절도등
Text

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

Reasons

Punishment of the crime

1. On June 22, 2013, at around 02:30 on June 22, 2013, the Defendant: (a) stolen the victim D (the victim 25 years of age) who is a passenger in C-si operated by the Defendant with only one gallon (the victim 799,000 won at a market price) and one gallon phone case; (b) Samsung Credit Card kept in the case with one gallon credit card and one ballon debit card.

2. On June 22, 2013, the Defendant, at around 02:46, committed theft and violation of the Specialized Credit Financial Business Act, by withdrawing KRW 1.6 million by means of cash services, using a stolen victim’s Samsung Credit Card, which was installed in front of the “F” convenience store located in Seocho-gu Seoul Metropolitan Government, as described in the foregoing paragraph (1), at least three times, by inserting the stolen victim’s Samsung Credit Card and inputting a password, and then withdrawing the stolen credit card. Around that time, the Defendant, at least twice, was stolen by putting the stolen community credit cooperatives or debit cards and withdrawing the password, as mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Legal statement of witness D or G;

1. The prosecutor's office and the police's statement concerning D;

1. A taxi operator;

1. A taxi photograph;

1. Application of Acts and subordinate statutes on mother and child photographs;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act selection of punishment, and Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit cards and debit cards and the choice of imprisonment);

1. Determination as to the grounds for conviction and the defendant's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act

1. In full view of the following circumstances revealed by the evidence and evidence of the judgment, it is recognized that the defendant committed a crime as stated in the facts charged.

① On June 22, 2013, around 02:34, 2013, the Defendant: (a) brought the victim to the near the H-ju station where the victim initially boarded the taxi operated by the Defendant; and (b) around 02:46, around the same day on which approximately 10 minutes passed thereafter.

arrow