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(영문) 수원지방법원성남지원 2020.08.13 2020고단2192
절도등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On November 28, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. by the Suwon District Court, and completed the execution of the said sentence in a female prison on April 8, 2020.

Facts of crime

1. A theft Defendant: (a) around 17:24, 2020, around 17:24, 17:24, hereinafter “C” of Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) took one of the “LG mobilephones” of the victim’s “new physical card” in which the victim’s d was on the table by taking advantage of the gaps between the victim and out of the locked.

2. The Defendant violated the Fraud and Specialized Credit Financial Business Act, when and at the time, at the place specified in paragraph (1) of this Article, committed a stolen and stolen physical card as mentioned above as if he had a legitimate right to use it, and presented it to the above cartoon book employees to settle KRW 19,500,00 for the cartoon book use cost, thereby allowing the said cartoon book employees to settle the amount, thereby obtaining pecuniary benefits equivalent to the said amount and using another person’s physical card illegally.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Photographs photographs of a suspect and a photograph of his/her cartoon bank following a closure of the C CCTV image;

1. Previous record: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

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, Article 70 (1) 3 of the Specialized Credit Financial Business Act and Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the choice

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant stolen a physical card and handphone; and (b) by deceiving the victim by a stolen physical card, the Defendant settled KRW 19,500.

In addition to the method and contents of the crime of this case, the defendant committed the crime of this case again following the day on which he was sentenced to and released from a similar crime, and the attitude to reflect the fact that he was a repeated crime in unfavorable circumstances, and the amount of damage is not significant.

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