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(영문) 서울서부지방법원 2017.09.19 2017고단1483
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Special larceny Defendant was aware of his knowledge;

At around 01:20 on February 5, 2017, in collaboration with C, the victim F, who is a club guest, was laid off with the table seat in the E main office located in Yongsan-gu Seoul, Yongsan-gu, Seoul at around 01:20, by taking advantage of the cresh in which the victim F, who was a club guest, was laid off with the table, the defendant was able to look at the surrounding areas, reported the network, and C was fright to the defendant from the victim's bank inside the victim's bank, and the defendant cut off the victim's physical card from the wall, and then put the wall again into the victim's bank.

Accordingly, the Defendant, together with C, stolen one physical bank card of the victim's U.S. bank.

2. On February 5, 2017, at around 01:37, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, in collusion with C, purchased 1.20,000 won or more of the market price at the first week operated by the victim H in Yongsan-gu Seoul, Yongsan-gu, Seoul. The fact was that the Defendant and C did not have the right to use the stolen bank card, such as paragraph 1, but was entitled to use the stolen bank card, as the Defendant and C were entitled to use the said bank bank card. As such, the Defendant and C issued the bank check to non-employee of the above I’s name and paid the above bank bank price, thereby obtaining pecuniary gains equivalent to 120,000 won of the alcohol price and illegally using the stolen bank card.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on internal investigation (verification of the details of damage, damage, etc.), investigation report (verification of the details of refusal to approve a theft card), application of Acts and subordinate statutes to investigation report (specific suspect);

1. Article 331(2) and (1) of the Criminal Act (Joint thief), Article 347(1), and Article 30 of the Criminal Act (Joint thief), Article 70(1)3 of the Act on Financial Business Specializing in Credit, Article 30(1)3 of the Criminal Act, Article 30 of the Criminal Act (the use of stolen check cards and the choice of imprisonment) concerning criminal facts;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act 1.

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