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(영문) 수원지방법원 2016.11.03 2016고단5112
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 22:40 on July 12, 2016, the Defendant: (b) took a studio in Suwon-gu, Suwon-si; (c) 26,000 won in cash from a wallet owned by the victim by using the studio in which the victim was living; and (d) 26,000 won in cash from a wallet owned by the victim; (c) one credit card for a national bank; and (d) one for a new bank physical card for a new bank, and then stolen the property at a price equivalent to KRW 56,000 in total at the market price owned by the victim.

2. On July 12, 2016, the Defendant: (a) purchased tobacco from “F convenience stores operated by the victims’ names in Suwon-si, Suwon-si, the Sinwon-si,” and (b) paid 45,000 won by presenting the credit card (G) in the name of the Korean bank (G) in the name of the victim, as prescribed in paragraph (1), to the victim and paying 45,000 won as if the Defendant had the right to use the credit card; and (c) drafted a sales slip for the credit card.

Accordingly, the Defendant used stolen credit cards, deceiving the victim, and acquired the property equivalent to 45,000 won from the victim, and acquired it through deception, from that time, the Defendant used the credit card which was stolen over five times from that time until 23:41 of the same day, and acquired the credit card totaling KRW 195,700.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes concerning photographs showing the details of use of a theft card transmitted to the victim cell phone;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit cards, including the use of stolen credit cards), and the choice of imprisonment with prison labor;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act are the same crimes.

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