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(영문) 서울중앙지방법원 2017.02.08 2016고단7709
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At night, the Defendant: (a) around October 14, 2016, the Defendant: (b) reported that, around 23:00 on October 14, 2016, the victim C residing in Gwanak-gu, Seoul Special Metropolitan City, opened a door-to-door visit; and (c) invaded the victim’s wall into the room and intrudes the victim’s wall on the door; and (d) taken part in the Agricultural Cooperative Card, the victim’s possession.

L. A. L. theft was committed.

2. On October 15, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the F convenience store located in Gwanak-gu in Seoul Special Metropolitan City, which operated the victim’s name in a name, received goods equivalent to KRW 9,100,00 from the injured party, and presented the NAC card as if it was one’s card, thereby allowing the injured party to settle the stolen amount of KRW 9,100, and then using the stolen debit card under the pretext of the price for the goods. The Defendant by deceiving the said injured party and received goods equivalent to KRW 9,100,00 from the injured party.

From that time until October 15, 2016, the Defendant used a stolen debit card by allowing the victims to settle a total of KRW 223,400,00 in total nine times, as shown in the List of Crimes in the attached Form, from that time until October 15, 2016, and received from the victims the delivery of goods equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Police seizure records;

1. Application of statutes on the details of passbooks;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act of the choice of punishment (the point of larceny at night), Article 70 (1) 3 of the Act on Specialized Financial Business, Article 70 (1) 3 of the Act (the point of illegality of debit cards, the choice of imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment, respectively);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (six months to one year and six months) of the sentencing guidelines for the first offense (the scope of recommendations) (the scope of punishment) is the basic area (the amount less than KRW 100 million).

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