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(영문) 서울북부지방법원 2016.07.07 2016고정1163

절도등

Text

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

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

Reasons

Punishment of the crime

1. On March 1, 2016, at around 00:41, the Defendant stolen a theft with one copy of the Victim D (35 years old)’s national card fall under the victim D (35 years old) at around 00:41, the trade name “C” located in Jung-gu Seoul, Seoul.

2. The Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business, presented the stolen credit cards to E at the time and place specified in paragraph (1), as seen above, and had the Defendant settle the amount equivalent to 36,000 won, such as the drinking value, and used the said credit cards unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (Correction of the name of the crime and appendix of major photographs of the scene of the crime);

1. Application of the Acts and subordinate statutes on receipts that a person under consideration pays by credit card of a victim;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, 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 use of lost credit cards), and the selection of fines;

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;