beta
(영문) 인천지방법원 부천지원 2016.09.12 2016고정268

절도등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. A thief, on December 27, 2014, the Defendant: (a) took a thief on a “C” convenience store located in Bupyeong-gu, Seocheon-gu, Won-si; (b) 1 copy of the cash payment machine card at the location; and (c) stolen a thief’s check at the victim D owner.

2. On the same day as indicated in the preceding paragraph, the Defendant violated the Act on Specialized Credit Financial Business: (a) at the main point of “G” operated by the Defendant’s wife F, the Defendant used the card of another person, which was stolen on three occasions, to pay the credit card of the said main point, by using the card of corporate bank companies owned by D, as described in the preceding paragraph, 06:36,000 won on the same day; (b) at around 506:37,000 won on the same day; and (c) at around 06:40,000 won on the same day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A card statement and a receipt;

1. Application of statutes on field CCTV photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (a point of using a stolen card), and the choice of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;