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(영문) 수원지방법원 성남지원 2017.08.10 2017고정704

절도등

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

1. On June 16, 2016, the Defendant discovered a credit card which the victim C had put on the urinals, in the toilets of the first floor of the building in Seongbuk-gu, Sungnam-si, Sungnam-si, Seoul, about 2016, and added it to the gap in which the surveillance of the victim was neglected.

2. On June 18, 2016, the Defendant purchased goods equivalent to KRW 6,500 from the first floor E of the D Building in Seongbuk-gu, Sungnam-si, Sungnam-si, in violation of the Act on Specialized Financial Business and the Defendant’s fraud, and illegally uses a stolen credit card by deceiving a victim by presenting it to the victim F as if the credit card of the stolen C, like paragraph 1, was completed one’s own as if the credit card was completed. The Defendant was issued goods equivalent to KRW 6,500 from the victim.

In addition, the Defendant began to the same month from that time.

6. Until December 26, 200, by deceiving the victims by the aforementioned means 13 times in total, including the statement in the list of crimes attached hereto, the credit card which was stolen was used unlawfully by settling payments equivalent to KRW 287,200, and received property equivalent to the above amount.

Summary of Evidence

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

1. Each written statement of G, H, I, J, K, L, M, N,O, P, Q, F, R, S, and T;

1. Details of approval of credit cards, and application of the Acts and subordinate statutes on sales slips;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the illegal use of credit cards), and the selection of fines for each type of fine;

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;