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(영문) 청주지방법원 2017.08.10 2017고단370
절도등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Cheongju District Court’s Chungcheong branch on August 18, 2015, and completed the execution of the sentence at the Cheongju detention center on June 18, 2015.

[Criminal facts]

1. Intrusion upon residence and larceny on January 2016;

A. On January 2016, the Defendant infringed upon his residence, entering the said house for three days from the victim D’s house located in Haju-si, Chungcheongnam-si, without the victim’s permission.

Accordingly, the defendant invadedd the victim's residence.

B. On January 2016, 2016, the Defendant: (a) took one cell phone of the victim’s own amounting to KRW 900,000 at the front line at the victim’s house; and (b) stolen the victim’s property.

2. A violation of the Act on Financial Business Specializing in thief, fraud, and credit, on December 8, 2016;

A. A thief: (a) around December 8, 2016, the Defendant, at the F convenience store, stolen the victim’s property owned by the victim with a new bank cream card harming the floor while drinking the World Cup, and stolen the property owned by the victim.

B. Around December 13:37, 2016, the Defendant: (a) presented to the victim, as if he was a legitimate holder, a stolen bank cream card, as set forth in the said 2-A from the J’s management of the victim I located in Young-gu, Chungcheongnam-gu; (b) on the other hand, the Defendant was in violation of the Act on Financial Business Specializing in Fraud and Credit; and (c) presented it to the victim as if he was a legitimate holder; and (d) then, the Defendant was in violation of the Act on Financial Business Specializing in Fraud and Credit; and (d) obtained a stolen physical card from the victim to the 400,000

② On December 8, 2016, around 13:41, 2016, the Defendant presented the following: (a) as if he/she was a lawful holder of G’s new bank check at the same place; (b) was issued a safety cap equivalent to KRW 40,00 at the market price from the victim; and (c) unlawfully used the stolen physical card.

③ On December 8, 2016, the Defendant: (a) paid gasoline equivalent to KRW 22,432 at the market price at the MP station operated by Heung-gu K in Heung-gu, Chungcheongnam-gu on December 8, 2016; and (b) paid the same as the foregoing 2-A.

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