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(영문) 서울동부지방법원 2019.07.19 2019고단1724
야간건조물침입절도등
Text

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

Reasons

On October 26, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and was sentenced to two months of imprisonment for larceny at the Seoul East Eastern District Court on November 28, 2018. On March 28, 2019, the Defendant completed the execution of the final sentence at the Ansan Prison on March 28, 2019.

Criminal facts

1. From around 02:33 on April 17, 2019 to 02:38 on the same day, the Defendant: (a) opened a heat door to the victim C’s first floor underground of Songpa-gu Seoul building; and (b) intruded into the open door to the victim’s possession; and (c) opened one cellular phone at Samsung Gallon-si, the victim’s market value of Samsung Gallon-si, which was located adjacent to the said seat, was at least KRW 1,00,000, 1, 1, 1, 1, 1, 1, 3, 1, 1, 3, 1, 1, 3, 1, 1, 1, and 3, 1, 3, and 1, 4, 4, and 1,000 cash receipt cards.

Accordingly, the defendant invadedd the building managed by others at night, and stolen the property.

2. The Defendant committed fraud and Specialized Credit Financial Business Act violations at the same time and place as indicated in paragraph (1) above, and at the same time and place as indicated in the foregoing paragraph (1) with a view to using a stolen check (SC Japan) and a credit card.

On April 17, 2019, the Defendant, at around 02:39, presented the stolen credit card to both employees, as above, in the FPC room for the operation of the victim’s name in the 1st underground floor of Songpa-gu Seoul building E-1, Songpa-gu, Seoul, to pay the same amount of monetary benefits, acquired a stolen credit card and used the stolen credit card unlawfully.

B. At around 02:43 of the same day as the above mentioned in the above paragraph (a), the Defendant, at the H convenience point in the operation of the victim’s name in Songpa-gu Seoul Metropolitan Government G, presented to his/her employees a stolen e-mail card, thereby acquiring the same amount of financial benefits and stolen pecuniary benefits.

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