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(영문) 전주지방법원군산지원 2020.08.18 2020고단136
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At night, the Defendant was able to steal a mobile phone with people at the bank time, when there is a mobile phone.

On November 22, 2019, at around 19:50 on November 22, 2019, the Defendant: (a) opened and intruded a entrance that was not corrected at the 16-lane Central Branch of Enterprise Bank Doksan, located in 16-gil 23, according to the Doksan City, the Defendant: (b) cut off with one smartphone (gal road 8) of approximately one million won, the market value of which is the victim’s ownership on the ATM device of the said bank; and (c) thefted with one unit of smartphone (gal road 8) of the victim’s market value, which is the victim’s ownership;

B. On November 22, 2019, at around 19:57, the Defendant: (a) opened and opened a non-rectible entrance with a DNA bank located in Yasi-si C on November 22, 2019; and (b) intruded into the victim E, with one smartphone in the market value, including the national card owned by the victim on the said bank ATM date; and (c) cut off with one smartphone in the city where two credit cards, such as the victim’s personal card, are included.

2. Attempted fraud;

A. On November 22, 2019, the Defendant attempted to make payment by suggesting to the victim the use of the stolen E’s national card, such as the foregoing paragraph 1(b), in order to purchase gold gals, etc. in the “G” operated by the victim with no name in the name of the next City F on November 22, 2019, in order to purchase approximately KRW 1,80,000 from the “G” operated by the victim with no name in the name of the next City F on November 22, 2019. However, the Defendant refused to accept the shortage of the balance and attempted to make payment.

B. On November 22, 2019, the Defendant attempted to make payment to the victim as if he/she had legitimate authority to use the stolen E’s national card as stated in the foregoing paragraph 1(b) in order to purchase t bargaining uniform at the market price of approximately KRW 279,200 on November 22, 2019, around 20:53 on November 22, 2019, the Defendant refused to accept approval due to lack of balance and failed to commit an attempted payment.

Summary of Evidence

1. Statement of the police suspect interrogation protocol of the defendant on the defendant's court statement;

1. The statement of the police record with J E.

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