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(영문) 창원지방법원 통영지원 2016.05.13 2016고정157
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 23, 2015, the Defendant: (a) committed a theft by entering the victim’s house through an open gate of the said residence; (b) invaded upon the victim’s residence; and (c) committed a theft by taking advantage of the victim’s credit card (national bank) holding the victim’s ownership located in the base of the television line; (d) 2, 1, 1, and 1, 1, a lottery ticket.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On May 23, 2015, around 14:50, the Defendant: (a) presented the stolen national bank card, as described in paragraph (1), to the victim as if he/she was his/her own owner; (b) obtained a food equivalent to KRW 5,200,00, including a ice cream and a tobacco 1 A; and (c) obtained economic benefits, and used a stolen credit card.

B. On May 23, 2015, around 14:57, the Defendant presented the stolen national bank card, as described in paragraph (1), from “G in the city of macro-city operated by the victim with no name,” to the victim as if he/she was his/her own owner, and received economic benefits equivalent to 5,500 won from the victim who actually believed the card to be his/her own owner, and acquired economic benefits and used the stolen credit card.

(c)

On May 23, 2015, around 15:43, the Defendant presented the stolen national bank card, as described in paragraph 1, to the victim himself/herself as if he/she was his/her own possession, and had the victim who is genuinely believed to pay 50,000 won of accommodation expenses, and used the stolen credit card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Police drinking protocol to C;

1. Each statement of D and H;

1. Protocol and list of seizure;

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

1. Criminal facts;

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