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(영문) 부산지방법원 2018.12.12 2018고정1377

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

1. On August 14, 2017, at around 03:00, the Defendant: (a) committed theft with intent to steals another’s property on the street in front of “C” located in Busan Jung-gu, Busan; (b) committed theft by using a 16,000 won in cash, resident registration certificate; (c) Busan Bank Cown Card; and (d) a trademark non-verification color tag consisting of one sheet of transportation card, each of which is located in the middle-gu, Busan; and (c) was cut off in front of the victim D (62 3, South) under the influence of alcohol.

2. He/she shall not sell or use any credit card or debit card which is lost or stolen in violation of the Act on Financial Business Specializing in Credit Business;

Nevertheless, the Defendant, at the F convenience store located in Busan Jung-gu, Busan, on August 14, 2017, used the Kabin Card (G) in the name of Korea, which stolen from the F convenience store located in Busan, Jung-gu at the temporary location referred to in the above paragraph (1).

It was used illegally in settling 1,900 won per 1,00 won per 1,00 won per 6 times as shown in the list of crimes (1).

3. The Defendant, at around 03:57 on August 14, 2017, committed a theft at the temporary location under the foregoing paragraph (1), Kapeta on the F convenience store located in Busan Jung-gu to the victim H ( South, 47 years old) at the F convenience store located in Busan Jung-gu.

A total of 133,300 won was acquired by deceiving 1,900 won through the method of settling as if the card was the card owned by the accused and as if the card was the card owned by the accused, as well as by deceiving 1,900 won.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Each statement of H, I, J, K, L, and M;

1. Application of each police seizure protocol, and each seizure list statute;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the point of use of stolen debit cards), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.