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(영문) 수원지방법원 성남지원 2018.10.24 2018고정572

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant he/she owns.

A. A. On November 7, 2017, the Defendant used a credit card (KB national card) that was put on the victim E (59 years old, female) household hospital located in Seongbuk-gu, Sungnam-si, Sungnam-si, in paying hospital expenses, and used a gap in monitoring around the area.

Accordingly, the defendant stolen the victim's property.

(b) fraud;

C. On November 7, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased goods equivalent to KRW 9,000,00, such as drinking water, within G convenience stores, from the victim’s credit card that was stolen at the time and place referred to in the above “A”; (b) obtained the money equivalent to the above amount, by deceiving an employee of the stolen victim’s credit card at his/her own place and paying the value of the goods; and (c) obtained the money by fraud.

2) On November 7, 2017, around 15:12, 2017, the Defendant purchased goods amounting to KRW 11,000,00, such as Han-gu Dob, Han-gu, Seo-gu, Sungnam-si, Seonam-si, and the credit card company of the stolen victim, like the above “A, presents the stolen victim’s credit card as if he had completed, thereby deceiving his employees and settling the value of the goods. Therefore, the Defendant acquired the price equivalent to the above amount.

3) On November 7, 2017, around 15:26, in purchasing goods equivalent to KRW 135,00,00, such as tobacco, within the K branch of Sungnam-si, Sungnam-si, the victim’s credit card, as stated in the foregoing “A,” made the employee deceiving and settle the value of the goods by suggesting the credit card completion to his/her own place as if it were. As such, the amount equivalent to the above amount was acquired through deception.

Accordingly, the defendant obtained the value of the article equivalent to KRW 155,00 through three times, and used the stolen credit card by fraud.

Summary of Evidence

1. Legal statement made by a witness L;

1. A written statement of the victim;

1. Reports on internal accidents (referring to the analysis of CCTVs at generated places);

1. Letters and photographs of the details of approval for on-site CCTV closure and damage cards;

1. The use by the person under consideration;