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(영문) 인천지방법원 2013.10.28 2013고정1479

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 24, 2012, around 03:10 on October 24, 2012, the Defendant: (a) deducted two credit cards (one national bank and foreign exchange bank each one) and one treatment securities card from the victim D (the victim D (the victim of the victim’s age of 36) within six (6) points in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Accordingly, the defendant stolen the victim's property.

2. On October 24, 2012, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) took the attitude that the Defendant, even if having been provided with alcohol and alcohol, did not have the intent or ability to pay the price; and (b) took the view that the Defendant would normally pay the price to the victim even if having been provided with alcohol and alcohol; (c) ordered alcohol and alcohol, etc., and received the provision of alcohol and alcohol equivalent to KRW 1.20,00 in total at the market price.

Then, the Defendant, like Paragraph 1, proposed to the victim a stolen credit card of D foreign exchange banks and national bank credit card as if the Defendant were the credit card of the Defendant, signed the sales slip and issued it to the victim.

Accordingly, the Defendant, by deceiving the victim, received the property, and used the stolen D credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, Article 347 (1) of the Criminal Act and Article 70 (1) 3 of the Specialized Credit Financial Business Act (and point of use of stolen credit cards);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;