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(영문) 서울중앙지방법원 2016.05.10 2015고단7724
절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 3 and 5 shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant has a lack ability to discern things or make decisions due to intellectual disability and mental illness.

[2015 Highest 7724]

1. On November 29, 2015, the Defendant thefted three times as indicated in the list of crimes No. 1, 2015, the victim E, who was placed on the display site in Pyeongtaek-si C 103, Pyeongtaek-si 103, with one national card (F) holding one of the above victims’ possession at the display site.

2. Violation of the Act on Financial Business Specializing in Fraud and credit (the part of purchasing goods with a stolen crow card);

A. On November 30, 2015, the Defendant purchased goods equivalent to KRW 3,000 from the H convenience store operated by the influencies of the victim’s name in G at the Gyeonggi-si, Gyeonggi-do, the G, and acquired property benefits worth KRW 3,000,000, in total, 12 times in total, including, but not limited to, the acquisition of the E’s national card (F) that stolen as referred to in paragraph 1, as if the completion of the contract was one’s own, by allowing the employees of the above convenience store to pay the proceeds of property benefits equivalent to KRW 3,00,000, as indicated in the list of crimes in attached Table 2.

B. The Defendant in violation of the Act on Specialized Credit Financial Business used stolen physical cards by settling a total of KRW 360,900 over 12 occasions, such as the date and time stated in the foregoing paragraph (a) and the settlement of KRW 3,000 with the national card owned by E stolen at the place, as indicated in the List of Crimes 2.

3. On November 30, 2015, the Defendant issued a new card at the J department store M1 K agency of the J department store M1st K agency located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do on November 30, 2015, and the said agency’s name was stolen as shown in attached Table 1 Crime List 2 and presented the victim L’s driver’s license during possession as if the Defendant was the Defendant’s driver’s license. In addition, the Defendant used the official document four times as indicated in attached Table 3, such as presenting the victim’s driver’s license as if he was the Defendant’s driver’s license.

4. The Defendant of a private document forgery card is issued with a new card in the name of L at the time and place stated in paragraph 3, and is a new card kept therein.

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