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(영문) 서울동부지방법원 2017.04.26 2017고단757
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On October 30, 2016, the Defendant: (a) around 19:00, at the D office operated by the victim C in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul; (b) opened a door that the victim left the office and intrudes into it; (c) one copy of the BC credit card owned by the victim, one copy of the Korean credit card; and (d) one copy of the modern credit card, one credit card, and one copy of the credit card.

B. On November 7, 2016, the Defendant came to the above office around 22:00, the Defendant opened a door that did not lock the office by leaving the office, and intruded into that door. At the market price, the victim, who was in the front page, was the victim’s possession, one sheet of Samsung C&T, one sheet of passbook C&C, two copies of passbook C&C, one credit card per lot, one credit card, one credit card, and one credit card.

2. On October 30, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around October 30, 2016, the Defendant used a stolen credit card by presenting the stolen BC credit card as indicated in the above 1-A to an employee of the victim as if he had a legitimate authority; and (b) from that time, the Defendant received two copies of the film table of the total market price of KRW 20,000 from the damaged person, namely, the Defendant received two copies of the film table of KRW 20,000 from November 10, 2016, and used the stolen credit card by receiving the property of KRW 2,032,670, total sum of 98 times as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (C, G, and H);

1. Application of Acts and subordinate statutes to investigation reports (a detailed statement of approval for cards, etc.);

1. Relevant legal provisions concerning criminal facts, Articles 330 and 347 (1) of the Criminal Act concerning the selection of punishment, Article 70 (1) 3 of the Act on Business Specializing in Credit, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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