logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.05.27 2013고단368
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to intellectual disorder:

1. Around 14:00 on January 2, 2013, the Defendant was aware of theft of property from the Seocho-gu Seoul Hospital, thereby opening the door of the above hospital 304 room at which the victim D is hospitalized and intrusion into the room occupied by the victim.

2. The Defendant thief, at the time and place described in the preceding paragraph, 150,00 won in cash owned by the victim and 1.50,000 won in cash owned by the victim, i bank cards, new bank cards, Samsung Cards, corporation oil cards, and driver’s license were removed from the market price.

Accordingly, the defendant stolen the victim's property.

3. On January 2, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased 4 cigarette 4 cigarette at Seocho-gu Seoul, Seocho-gu, Seoul; (b) had the victim F, who was an employee of the said business, issued a stolen credit card as stated in the preceding paragraph, and had the victim F, as he was the legitimate holder, prepare the sales slip; and (c) signed the sales slip and used the stolen credit card; and (d) issued a four cigarette amounting to KRW 100,000 at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (debris marks and CCTVs);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 319 (1) (the point of intrusion), 329 (the point of larceny), and 347 (1) (the point of fraud) of the Criminal Act, Article 70 (1) 3 (the point of use of stolen credit cards) of the Specialized Credit Finance Business Act, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

arrow