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(영문) 광주지방법원 목포지원 2015.09.10 2014고단970
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 30, 2014, the Defendant was sentenced to a suspended sentence of two years for the violation of fraud, larceny, and the Specialized Credit Financial Business Act, and the judgment became final and conclusive on July 15, 2015.

[2014 Highest 970]

1. On March 23, 2014, the Defendant: (a) around 23:40 on 23:40, 2014, the Defendant: (b) did not locked the Victim E Trackter visit; (c) took out a visit with the victim’s name; and (d) cut off with three passbooks in the name of the victim; (d) Nos. 3; (e) No. Nonghyup Card 2; and (e) two fingers in the name of the victim’s spouse’s spouse; and (e) KRW 61,000,000, in cash entered in the victim’s capital.

2. Fraud and Specialized Credit Financial Business Act: (a) on March 23, 2014, the Defendant purchased goods of an amount equivalent to KRW 27,00,00 from the H convenience store operated by the victim with no knowledge of the name in G on March 23, 2014; (b) presented one copy of the Agricultural Cooperative Card in the name of E, which was stolen as described in paragraph (1), as if he had a legitimate right to use; (c) paid the price; and (d) received goods of an amount equivalent to KRW 27,000 from March 23, 2014 to March 24, 2014; and (d) received goods of an amount equivalent to KRW 1527,000 from the victims by using the stolen credit card in the same way on five occasions, as described in the attached list of crimes (1).

[2015 Highest 703]

3. On March 2014, the Defendant made a false statement that “The Defendant would borrow KRW 700,000 to the victim K in advance at the J Manpower Office located in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in the form.”

However, even if the defendant borrows money from the victim, he did not have the intention or ability to pay it by working in the aquaculture, etc.

Nevertheless, the defendant deceivings the victim as above and receives 700,000 won in cash from the victim's position.

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