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(영문) 인천지방법원 2017.11.01 2017고단4268

여신전문금융업법위반등

Text

Defendants are innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who operates an entertainment center in the trade name of “G” located in the Nam-gu Incheon Metropolitan City F (hereinafter “instant establishment”). Defendant B, C, and D are employees of the said establishment.

On July 29, 2016, the Defendants ordered H to perform drinking alcohol at the instant establishment on July 23:00, and did not receive cash after drinking, and the Defendant’s personal e-mail card was opened and found cash. The Defendants e-mailed the password and withdrawn KRW 600,000 from the main cash automatic payment machine in the vicinity of the said establishment and brought about H. If H was under influence of alcohol, the said e-mail card was discharged from H round.

In other words, there was a public invitation to withdraw cash and to settle the price at the above business establishment.

A. A. From July 30, 2016, around 00:59, the Defendants: (a) thiefed off the locked; (b) released KRW 130,000 using the above physical card and stolen it; and (c) released KRW 130,000 via the above physical card to the automatic payment machines that manage the effectiveness of the victim corporation near the instant business establishment; and (d) subsequently withdrawn KRW 4830,00 from around the same day to around 07:48 of the same day, as indicated in the list of crimes in the attached Table.

As a result, the Defendants conspired to steal the victim's property.

B. From around 05:37 on the same day as the above paragraph, Defendants in violation of the Act on Specialized Credit Financial Business paid KRW 220,000 for the purchase price using a card card installed within the said business by using a eke card owned by the victim by the victim H, under the influence of alcohol.

Accordingly, the Defendants conspired to use stolen physical cards.

2. Determination

A. On July 29, 2016, when the time when the victim H entered the instant business establishment, the Defendants and the defense counsel paid the drinking value directly by a cash card, not by around 11:00 on July 29, 2016, and then 5:30 on the following day, and thereafter Nos. 12 through 19 on the list of crimes.