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(영문) 청주지방법원 2019.07.11 2019고단366
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 13:30 on January 1, 2019, the Defendant: (a) had one copy of the Agricultural Cooperative C&C Card owned by the victim D, which is far away from the table, at the C store located in the petition district B, Cheongju-si; and (b) stolen it.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On January 1, 2019, around 14:31, 2019, the Defendant: (a) presented the stolen Nonghyup Card at the F convenience store located in the Cheongju Petition-gu, as if the Defendant was the Defendant’s card; (b) acquired the stolen thropic of tobacco to be 45,000 won from the above convenience store; and (c) used the stolen thropic card.

B. On January 1, 2019, around 14:45, 2019, the Defendant presented the NAT card that was stolen at the H convenience store located in the Cheongju Petition-gu G as if the Defendant was the Defendant’s card, and acquired the 2nd of the tobacco to be 90,000 won at the above convenience store, and used the stolen PC card.

3. On January 1, 2019, the Defendant attempted to obtain the stolen cream card from the JB store located in the Cheongju Petition-gu, Cheongju, by suggesting that he was the Defendant’s card, and by deceiving the owner of the convenience store in name, thereby deceiving the owner of the cream, but failed to achieve that intention because the card settlement was not approved.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on internal investigation (as to the location of stolen cards)

1. Application of photographs of details of damage, and photographs of each suspect to crimes;

1. Relevant Article 329 of the Criminal Act, Articles 352 and 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Article 70 (1) of the Specialized Credit Finance Business Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., the points agreed with D, degree of damage, health status, and reflective points);

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