logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.03.28 2018고단318
야간건조물침입절도등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

1. At night, around 01:30 on January 17, 2018, the Defendant: (a) intruded into the said building through a single floor door between the victim E, an employee, and then intruded into the said building at the victim’s wall located in a second floor warehouse in Yeongdeungpo-gu Seoul Metropolitan Government, and then taking out a cash of KRW 500,000 and a head of the NH Bank e-mail card, which is the victim’s possession, from the victim’s wall located in the second floor warehouse.

In other words, the victim's property was stolen.

2. On January 17, 2018, around 03:09, the Defendant: (a) presented to the employees of the said MoMoel’s “Gel” that was stolen under the foregoing paragraph (1) as in the foregoing paragraph; (b) paid KRW 45,00 by the said card; (c) by deceiving the said employees on behalf of the victim’s nameless Mour business owner; and (d) by deceiving the said employees on behalf of the victim, the Defendant was provided with the said employees with the Mour room.

In addition, the Defendant, from January 17, 2018, by using the same physical card in the same way as the list of crimes in attached Form 3 times, by deceiving each victim in the same way, and received the pecuniary benefits of 58,400 won or the goods from them.

3. The Defendant violated the law of financial business specializing in credit was using stolen debit cards using E’s physical fitness cards, as set forth in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim’s statement prepared E;

1. A statement of witness prepared by H;

1. Application of Acts and subordinate statutes, such as a photograph of the CCTV at I convenience store, a photograph of the CCTV of the Moel, a photograph of the Moel CCTV, and a receipt (offtime intrusion theft and fraud);

1. Relevant Article 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny at night) concerning facts constituting an offense; and Article 347 of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor);

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

1. Article 62(1) of the Criminal Act (the Defendant is not subject to criminal punishment after being released from the military court in 2007, and the amount of damage is less than the amount, and the defraudeds are used for the basic livelihood.

arrow