Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2013 Highest 1285]
1. On May 25, 2013, from around 01:00 to around 02:59, the Defendant discovered that the victim C was locked in a Dtoscar car while under the influence of alcohol at the Pyeongtaek-si public parking lot located in Pyeongtaek-si, Pyeongtaek-si. The Defendant: (a) opened a door of the said car; and (b) cut off one LG observer’s smartphone in an amount equivalent to KRW 900,000,000 in the market price, which is the victim’s ownership in the said car; and (c) cut off one 1,000,000 won in cash, cash, and 200,000 won in the market price.
From around the above time to September 15, 2013, the Defendant stolen the property owned by the total victims on seven occasions as indicated in the list of crimes (i.e., the list of crimes).
2. On May 25, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 02:59, the Defendant ordered food to the G cafeteria operated by the victim F in Pyeongtaek-si; (b) even though there was no intent or ability to pay the price by normal means; and (c) paid 28,000 won by presenting the stolen C-owned foreign exchange bank physical card as if he was his own possession, as described in the foregoing paragraph (1). The Defendant acquired the above victim’s pecuniary advantage and used the stolen debit card.
From around the above time to September 15, 2013, the Defendant acquired a total of 323,400 won by using the credit cards or debit cards that were stolen on nine occasions in total, as indicated in the list 2 of the crime committed:
[2013 Highest 1297]
1. Larceny;
가. 피고인은 2013. 7. 12. 02:58경 평택시 합정동 소재 ‘파트너 노래홀’ 앞 길에서, 피해자 H이 그곳에 I 아반떼 승용차를 주차한 후 시동을 켠 채 조수석에서 앉아 잠을 자고 있는 틈을 타, 위 차량 운전석 문을 열고 몰래 들어가, 그곳 운전석에 있던 시가 80만원 상당의 테블릿 PC 1개, 현금 2만원, 농협신용카드 1개를 가지고 나와 이를 절취하였다.
B. On July 13, 2013, the Defendant side a new bank in Pyeongtaek-si, Pyeongtaek-dong around 00:30.