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(영문) 대전지방법원 천안지원 2019.11.27 2019고단1753
절도등
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A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who works in a entertainment drinking house (sing: singing in a singing room) with a victim B and a customer.

1. On September 13, 2018, the Defendant: (a) 80,00 won in cash owned by the victim and credit cards in the name of father E, the victim’s father; and (b) stolen on September 13, 2018.

2. On September 13, 2018, the Defendant violated the Specialized Credit Financial Business Act: (a) issued an order for alcohol, alcohol, etc. at G entertainment tavern located in the Seo-gu, Seo-gu, Gwangju, by means of settling KRW 230,000 by using a credit card in the name of E that stolen as prescribed in paragraph (1) and settling the total amount of KRW 1,760,000 on seven occasions.

3. On September 13, 2018, around 09:45, the Defendant: (a) arrested flagrant offenders under suspicion of crimes as prescribed in paragraphs 1 and 2 at the G District District of the Gwangju Western Police Station located in Seo-gu, Seo-gu, Gwangju, Seo-gu; (b) the police officer security guardsJ and police officers who ask K for the name and resident registration number; and (c) the police officer’s resident registration number in Pyeongtaek-gu; and (d) stated “L” in the name column in the process of preparing a written statement, which is an investigation document, and submitted it around that time.

Accordingly, the defendant forged another person's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, M and J;

1. Investigation report (related to L and telephone calls);

1. Application of Acts and subordinate statutes to photographs by cutting down a card use statement and the details of card use;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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