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(영문) 대구지방법원 포항지원 2019.08.22 2019고단463
야간방실침입절도등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 11, 2019, the Defendant: (a) around 04:44, at night, was in front of the north-gu Belcho Lake at port; (b) opened an open door that was not corrected; and (c) entered into the open door; and (d) used a cresh in which the victim D is locked with an identification card, credit card, and cash 112,000 won, one lock, which is owned by the victim.

Accordingly, the defendant abused the victim's property by intrusion into the room possessed by the victim at night.

2. The Defendant, in violation of the Fraud and the Credit Finance Business Act, committed a theft on the following grounds: (a) was willing to arbitrarily use the credit card of one bank, E, the wife of the said D.

On March 11, 2019, the Defendant: (a) purchased goods, such as tobacco, at G convenience stores located in North-gu, North-gu, North Korea at port on March 11, 2019, and (b) presented the said credit card to settle the amount as if there was a legitimate right to use; (c) deceiving the victim’s convenience store manager; and (d) received from the victim the goods equivalent to KRW 70,950 at the market

B. On March 11, 2019, around 05:14, the Defendant, at the I convenience store located in North Korea-gu, North Korea-gu, and, as if there was a legitimate right to use, deceiving the victim’s convenience store manager by presenting the said credit card, and then, was issued goods of an amount equivalent to 34,700 won at the market price from the victim.

C. On March 11, 2019, around 05:24, 2019, the Defendant: (a) by deceiving the victim, by presenting the said credit card, to settle the amount of KRW 40,000,00,00, as if he/she had a legitimate right to use the said credit card; (b) obtained monetary benefits equivalent to the same amount after being provided with accommodation services from the victim.

Accordingly, the defendant, by deceiving victims, obtained property or property benefits, and used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. D. D.

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