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(영문) 부산지방법원 2015.02.10 2014고단5574
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 7, 2014, around 17:00 and February 2, 2014, the Defendant: (a) committed a theft of property from the victim D, each of which was located in Busan Shipping Daegu C 805, on his/her residence; (b) obtained a password prior to his/her personal relation with the previous victim; and (c) invaded the said apartment.

2. Larceny;

A. At around 17:00 on January 7, 2014, the Defendant entered the victim D’s house at the place indicated in paragraph (1), as described in paragraph (1), and temporarily stolen one female-use bags equivalent to KRW 2,00,000, the market price of the victim’s possession at that place. On February 2014, the Defendant used one copy of the modern card, which is the victim’s possession, at the victim’s house and was located at that place, as described in paragraph (1) at the place indicated in paragraph (1).

B. Around 07:40 on February 25, 2014, the Defendant withdrawn KRW 2,990,000 from five times for cash services using a stolen modern card, as described in paragraph (2), from the cash payment instrument administered by the new bank of the victim, located in the Dakho-dong 1498, Busan, Busan, the Dou-dong 1498, and withdrawn KRW 1,400,000 on two occasions from the cash payment instrument managed by the victim in Busan, the Dou-dong 1406-2 on February 26, 2014; and withdrawn KRW 280,000 on two occasions from the cash payment instrument managed by the victim in the Dou-dong 1406-2, Busan, the Dou-dong 1406-2 on February 28, 2014, the Defendant withdrawn KRW 200,000 from the cash payment machine managed by the victim in the same manner.

3. No person who violates the Specialized Credit Financial Business Act may use stolen credit cards; and

Nevertheless, the Defendant, as described in paragraph 2(a), puts one of the above modern cards into a cash payment period of 11 times in total, as described in paragraph 2(b), and withdraws KRW 7,190,000 in total under the name of cash services.

Accordingly, the Defendant used stolen credit cards.

Summary of Evidence

1. The defendant's statement in court;

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