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1. The defendant shall be punished by imprisonment for eight months;
2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Night theft;
A. On August 31, 2014, at around 01:00, the Defendant: (a) went to the Victim C’s house located in Gwangju-si B 201, the Defendant’s adjacent to the Defendant; (b) opened a second floor by using a shooting bridge and opened a corrected window; and (c) intrudes into the living room; and (d) cut off cash of KRW 13,00 and three cash cards from the wall owned by the said victim, which were located on the floor of the living room.
B. The Defendant, as seen above, did not use the stolen cash card due to the shortage of balance, re-influence into the victim’s residence, stolen money and valuables, and intruded into the ward through the entrance door opened by him at around 04:50 on the same day, and then stolen the credit card in Chapter 4, such as the new, new, our, and modern Capital Capital.
2. The Defendant violated the Fraud and the Specialized Credit Financial Business Act at a convenience point of 24 hours in the operation of the victim’s name and weak boxes in D, around 04:59 on the same day, as seen above, committed as if the Defendant had been entitled to lawful use of the stolen credit card, and ordered the said victim to obtain three cigarettes of tobacco amounting to KRW 8,100 at the market price, and acquired them by deception, and paid the price by a stolen new credit card, thereby wrongfully using the stolen credit card.
The Defendant acquired money and valuables equivalent to KRW 269,950 from around 04:57 of the same day to 08:07 of the same day, respectively, on five occasions in total, as shown in the list of crimes, and used stolen credit cards, respectively.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement concerning C;
3. Details of approval for credit cards by victims;
4. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 330 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 70 (1) of the Specialized Credit Financial Business Act concerning facts constituting an offense;