beta
(영문) 수원지방법원 성남지원 2016.01.15 2015고정1209

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

The defendant was a person who was between the victim and the patriotic person.

1. Larceny;

A. On October 21, 2014, the Defendant stolen the Defendant’s physical bank cream cards (credit number C) on the part of the victim at the victim’s house located in Sungnam-si, Sungnam-si, where the victim was divingd.

B. On October 22, 2014, the Defendant released and stolen the victim’s body check (credit card number C) that was stolen on or around 20:34, and around 20:35, from the cash withdrawal machine at the center of Sung-nam branch of 167 Han Bank, one million won per one time from the cash withdrawal machine at the center of Sung-nam branch of Sungnam Bank.

2. The Defendant of the Act on Specialized Credit Financial Business, as seen above 1-A, withdrawn KRW 2 million at one time from the cash withdrawal machine located at the center of Sungnam-gu, Sungnam-si, 167 to two times, using the stolen victim’s body card, around October 22, 2014, and around around 20:34, around 20:00,000, using the stolen victim’s body card as stated in 20:35.

Summary of Evidence

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit (the use of a stolen card) and the selection of fines, respectively;

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;