beta
(영문) 대구지방법원 서부지원 2018.06.19 2018고정182

절도등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A. On December 21, 2017, the Defendant discovered the Nonghyup C Card (C) owned by the victim B (the victim 52 years of age, south) who was sticked next to the cash withdrawal machine, and stolen the said card by the victim.

B. On December 21, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased beverages, etc. from E located in Daegu-gu, Daegu-gu, Daegu-gu; and (b) granted approval of KRW 1,200,00 via the No. 366,200 via nine times in total as the following crime sight table, such as approving KRW 1,200, as in the foregoing paragraph (C).

(c)

On December 21, 2017, the Defendant purchased beverages, etc. from E located in Daegu-gu, Daegu-gu, Daegu-gu, on December 21, 2017, and presented 1,200 won, and approved 76,200 won through nine times in total, as shown in the following crime sight table, the Defendant obtained 76,200 won through nine times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation Report (Attachment of Statement of Use of Card), - Statement of Use of Card, Investigation Report (Verification of CCTVs in Use of Card), Investigation Report (Attachment of CCTV photographs and Results of Search), - photographs related to the instant case (suspects), Investigation Report (specific criminal suspect), Investigation Report (Change of Name of Crime), Investigation Report (Recovery of Tobacco 10 U.S.s. and Return to Victims), - Photographs related to the instant case (Recovery of tobacco), and application of the relevant Acts and subordinate statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of lost or stolen check) and Article 347 (1) of the Criminal Act, and the selection of fines for each crime;

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;