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(영문) 울산지방법원 2013.05.31 2013고정351

여신전문금융업법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 21, 2012, at around 20:30 on September 21, 2012, the Defendant embezzled, without following necessary procedures, such as discovering a slot card and returning it to the victim, in the “Cuntiltainment room” operated by the Defendant in the apartment building B in Ulsan-gu, Ulsan-gu, Seoul-do.

2. On September 26, 2012, the Defendant violated the Specialized Credit Financial Business Act, as indicated in the preceding paragraph, used the lost credit card by settling KRW 50,000 by using the cosmetic card terminal operated by the Defendant using a credit card (shot Card E) lost by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to credit cards);

1. Relevant legal provisions concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of lost credit cards), Article 360 (1) of the Criminal Act (the use of lost credit cards), and the selection of fines, respectively;

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;