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(영문) 광주지방법원 2019.03.28 2018고단4598
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

【Criminal Power】 On January 9, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Gwangju District Court, and the said judgment became final and conclusive on April 21, 2017.

【Criminal Facts】

1. At night, on October 2016, the Defendant: (a) 20:00, around the mid-term 20:00, went to and stolen the entrance password, which was known in advance, to the house of the victim D of the studio C in Nam-gu, Nam-gu, Nam-gu, Gwangju, with five credit cards, such as a personal wall, E card, etc., owned by the victim of sexual harassment; and (b)

2. On October 22, 2016, the Defendant: (a) presented it as if he/she was a lawful holder of D’s E- Card (credit card No. 1) that stolen, such as paragraph (1) at H convenience stores operated by the victim G in Nam-gu, Nam-gu, Gwangju; and (b) purchased goods equivalent to KRW 9,000 from that time until November 3, 2016, the Defendant acquired the total amount of KRW 1,269,535 in the same way, as shown in the list of crimes, or acquired property benefits by acquiring goods or being provided with services in the same way 18 times from that time.

3. On October 22, 2016, the Defendant: (a) withdrawn 1,400,000 won in cash on five occasions using the victim’s E- Card (credit number I) managed by the victim K at the point of suspension of knified in Seo-gu, Seo-gu, Seo-gu, Gwangju; and (b) withdrawn 300,000 won from the cash withdrawal machine managed by the victim L company on the same day; and (c) stolen the victims’ property.

4. The Defendant violated the Specialized Credit Financial Business Act, as described in paragraphs (2) and (3), used DNA credit cards stolen as described in paragraphs (2) and (3) at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Results of past utilization;

1. Investigation reports (verification of information of operators of credit card member stores);

1. Application of the Act and subordinate statutes to the inquiry report and investigation report;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense and Article 330 of the choice of punishment (the occupation of larceny at night);

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