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(영문) 창원지방법원 마산지원 2020.02.05 2019고정317

여신전문금융업법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around February 20:22, 2019, the Defendant ordered food at the E restaurant operated by the victim's nameless boxes located in Changwon-si, Changwon-si, Changwon-si, the Defendant paid a total amount of KRW 5.90,000 won to the victims by presenting the above NA card to the victim as if he was his card, as stated in the list of crimes in the attached Form, as shown above, by paying five times the total amount of KRW 5,000 won to the victims.

Accordingly, the defendant used the lost physical card and acquired financial benefits from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement of the police with respect to C and F;

1. Each investigation report (related to the call of the business owner of the “GMel”, the relation to the additional statements made by H entertainment tavern CCTV and the business division, the relation to the search of “E” and the call of the business owner, and the relation to the statement of the owner of the H entertainment tavern business);

1. Application of Acts and subordinate statutes to internal investigation reports (suspect card use records, etc.);

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of the facts that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime during the period of repeated crime, the fact that the punishment for the same kind of crime is highly significant, the damage has not been recovered, and all the sentencing conditions specified in the records and arguments, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, are considered appropriate.