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(영문) 창원지방법원 마산지원 2018.04.18 2018고단258
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Changwon District Court on February 23, 2015, and on June 4, 2017, the Defendant completed the execution of the sentence in Busan Prison.

1. The Defendant: (a) at the victim’s home room located in Sinnam-gun C around January 15, 2018, the Defendant taken off one copy of the modern credit card owned by the victim at the victim’s home room located in Sinnam-gun C, by taking advantage of the cresh in which the Defendant drinks alcohol together with the Defendant and was locked; and (b) at the victim’s wall located in Sinnam-gun.

L. A. L. theft was committed.

2. On January 16, 2018, the Defendant, in violation of the Act on Financial Business Specializing in Theft and Credit Business, stolen KRW 1,200,00 against the will of the manager of the automatic withdrawal machine, and illegally used stolen credit cards against the victim, by inserting a stolen modern credit card, such as paragraph 1, at the F convenience store located in Chang-si, Chang-si, Mapo-si, Changwon-si, Mapo-si, and inputting a password, and inserting a password known in advance, and receiving cash services.

3. On March 4, 2018, around 03:00, the Defendant: (a) intruded the victim H in Changwon-si G via an open door to the “I”; (b) sealed the Raber in advance in the gap of the apparatus apparatus installed at the same time; and (c) destroyed the exchange apparatus by milching the Raber, thereby causing approximately KRW 235,000 in cash, which is the victim’s possession in the exchange apparatus. The summary of evidence was stolen.

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Each investigation report, records of seizure, and list of seizure;

1. Relevant photographs;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (fact that the period of repeated crime is in progress), and the current status of personal confinement;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act of the choice of punishment (abstinence, choice of imprisonment), Article 330 of the Criminal Act (abstinence of night buildings), and Article 70 (1) 3 of the Act on Specialized Financial Business (abstinence of credit cards, an illegal use of credit cards, and an option of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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