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(영문) 수원지방법원 평택지원 2015.06.05 2015고단290

여신전문금융업법위반등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. On October 22, 2014, around 14:00, the Defendant: (a) committed theft with one bC credit card 1, one transportation card 1, and one 30,000 won in cash, under the influence of alcohol on the road in front of “efic apartment complex” located in Pyeongtaek-ro 49-13, Pyeongtaek-ro.

B. On October 22, 2014, the Defendant in violation of the Specialized Credit Financial Business Act purchased “E” sports supplies stores located in Pyeongtaek-si D with a total amount of KRW 78,000 at the market price and a wind range of KRW 78,00, and used the said credit card to purchase goods worth KRW 1,891,600 in total on five occasions from around that time to around 20:18 of the same day, which was stolen by using the NA credit card as described in the attached list of crimes.

2. Determination

A. The Defendant’s summary of his defense counsel’s assertion did not use the said credit card which stolen or stolen the victim’s credit card because the Defendant lent the NAC credit card from the victim.

B. As evidence consistent with the facts charged in the instant case, the victim’s investigative agency and this court made some statements, and the following facts confirmed by the evidence are as follows: ① the victim stated in the investigative agency that the defendant was not memoryed with the NAC credit card; ② the victim made a telephone conversation with the defendant on the date of theft after the NA reported the loss of the NA credit card to the police by using his own credit card; ③ the defendant stated that he did not have a credit card (the defendant also stated that he was not able to disclose that he was lending the NA credit card to her in a telephone conversation with the victim); ③ Unlike the case where the defendant lent only a credit card with the victim, the defendant kept the son on his hand on the following day.