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(영문) 의정부지방법원 2020.03.12 2019고단5728
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant committed the following crimes in a state that he/she lacks the ability to discern things or make decisions due to recognition and functional disorder (age 5 years old, intellectual disability 2 level), etc.

1. On November 2019, the Defendant: (a) committed theft with one copy of the Victim D’s C C C C C C C C C C C C C, which was kept in the Kacter by taking advantage of the gaps in which the surveillance of employees was neglected; and (b) committed theft by having one copy of the FFC card owned by the Defendant.

2. On November 8, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 03:00, the Defendant: (b) obtained a total of KRW 34,900 by settling the stolen No. Dog Card, as described in paragraph (1), using the stolen Dog Card, by allowing employees to pay KRW 10,000 with the said card as if he were his own card; and (c) from that time, from that time to 04:13 on the same day, the Defendant acquired a total of KRW 34,90 by settling the accounts with the Dog-owned No. Dog Card, as described in paragraph (1), and used the said stolen Dog Card.

3. On November 8, 2019, the Defendant violated the Computer, etc. Fraud and Specialized Credit Financial Business Act: (a) around 04:03, when settling the amount of KRW 70,00,00 from the Government-si G, and (b) by inserting the Agricultural Cooperative Card owned D, as described in the foregoing paragraph (1), into the unmanned settlement machine without authority, thereby exempting the Defendant from paying the amount equivalent to KRW 70,000, and (c) using the stolen check card.

4. On November 8, 2019, the Defendant who attempted to commit fraud using computers, etc.: (a) settled KRW 80,000 from the Government-si G from the Government-si on November 8, 2019; (b) and (c) inserting agricultural cooperative cards, such as those stated in paragraph (1), into an unmanned settlement machine without authority.

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