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(영문) 서울서부지방법원 2015.08.19 2015고단1556
절도등
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 of the final judgment.

Reasons

Punishment of the crime

1. On June 9, 2015, at around 00:20, the Defendant: (a) accessed the victim D, who was drunk in front of Mapo-gu Seoul, and was under influence at the above location, and was located far away from the victim D; (b) took one credit card, one company bank, one company bank, one visa card, and one resident registration certificate.

Accordingly, the defendant stolen the victim D's property.

2. On June 9, 2015, at around 00:49, the Defendant: (a) presented the victim F of Mapo-gu Seoul Mapo-gu as if he/she was the Defendant’s card; (b) signed the signature column and received food equivalent to KRW 6,000 in the market price by deceiving the victim F by means of preparing the card sales slip; and (c) subsequently, he/she received the total amount of KRW 94,280 from six victims of tobacco, etc. in total six times from June 9, 2015 in the same manner as written in the list of crimes in attached Form 1, 200 won.

3. On June 9, 2015, the Defendant violated the Specialized Credit Financial Business Act: (a) around 00:49, the Defendant used the stolen credit card at a G restaurant located in Mapo-gu Seoul Metropolitan Government by settling KRW 6,000 with the 6,00 credit card (credit card No.H) in Korea, which was stolen, and used the stolen credit card at least six times in the same manner as indicated in the list of crimes in attached Form No. 1, from that time until 03:59 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions for facts constituting an offense, Articles 329 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Code (the following favorable circumstances as stated in the reasons for sentencing) is as follows.

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