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(영문) 수원지방법원 안양지원 2018.01.23 2017고단1781 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 9, 2017, Defendant C opened a door of a vehicle parked in front of the E Hot Spring E located in the new wall around 100,000 won in cash owned by the victim, No. 100,000 won in the vehicle, No. 1 credit card of the Nonghyup Bank, and one credit card card of the new bank.

Accordingly, the defendant and the defendant C stolen the victim's property together.

2. On June 9, 2017, the Defendant and Defendant C, in violation of the Act on Financial Business Specializing in Use of Computer, etc., paid KRW 110,00 won of oil using unmanned settlement devices at “I gas station” located at P in P in P in Sungsung-si, P in order to prevent Defendant C from paying KRW 110,00,00 of oil oil amount by inputting F Nong Bank and new bank credit card information without authority as if Defendant C was the legitimate owner of FF’s credit card and new bank credit card. The Defendant used stolen credit card.

3. On June 9, 2017, Defendant C purchased goods of KRW 257,950 in total, such as tobacco, fruit, drinking water, etc., at “K”, which is a convenience store located in the J of Sungsung-si on the part of June 9, 2017, and Defendant C, on the part of Defendant and Defendant C, as if Defendant C were the legitimate owner of the credit card bank in the name of F and the new bank credit card, presented two copies of the said card, and used the stolen credit card after receiving goods such as tobacco, fruit, drinking water, etc.

Summary of Evidence

1. Legal statement of the defendant and his superior defendant C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on card transactions;

1. Article 331(2) and Article 331(1) of the Criminal Act (special larceny) regarding criminal facts, Articles 347(1) and 30 of the Criminal Act (the point of fraud, the choice of imprisonment, and the choice of punishment) of the Criminal Act, and the Criminal Act.

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