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(영문) 서울서부지방법원 2015.09.02 2015고단1729
절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around 01:00 on June 4, 2015, Defendant A’s sole criminal defendant found the victim E in the front of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, by enjoying in the influence of alcohol, and found the victim E, who was the victim’s ownership adjacent to the victim, and the victim stolen the victim’s property by gathering a gallon case in the market value equivalent to KRW 150,000,000 in the market value where the victim, who was the victim’s ownership adjacent to the Defendant, was located adjacent to the Defendant.

2. Defendants’ co-principal conduct

A. The Defendants conspired, from June 4, 2015 to around 02:14, the victim G management “H” in the Eunpyeong-gu Seoul Metropolitan Government F and branch level from around 01:28 to around 02:14, the Defendants were aware that the Defendants had legitimate authority to use the victim’s national physical fitness card, as described in the foregoing paragraph (1), and was provided with alcohol, speech, and singing-order services, etc. totaling KRW 2.80,000,00 from the victim. The Defendants by deceiving the victim by means of the above national physical fitness card, and acquired the victim’s total market value and property amounting to KRW 2.80,00,000 from the victim.

B. The Defendants in violation of the Specialized Credit Financial Business Act conspired, around 01:06 on June 4, 2015, settled KRW 1.2 million with E’s national physical fitness card that was stolen, as described in the above paragraph (1), from “K Garan” located in the Eunpyeong-gu Seoul Metropolitan Government I and branch offices, and between around 01:28 and 02:14 on June 4, 2015.

As described in paragraph (1), “H” paid 280,000 won with the above national physical fitness card and used the stolen credit card unlawfully.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of E and G;

1. Second police statement to J;

1. Application of Acts and subordinate statutes on card statements;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 329 and 347(1) of the Criminal Act; Article 70(1)3 of the Specialized Credit Financial Business Act; Article 30 of the Criminal Act

B. Defendant B: Article 347(1) of the Criminal Act; Article 70(1)3 of the Specialized Credit Finance Business Act; Article 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: each of them.

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