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(영문) 서울중앙지방법원 2016.10.27 2016고단1069

절도등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 19:00 on February 16, 2016, the Defendant cut off one national credit card owned by the victim and one national physical fitness card owned by the victim D, which was located in the victim D’s wall in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu.

2. On February 16, 2016, the Defendant, at the main point of “F” located in Jung-gu Seoul Metropolitan Government E on February 16, 2016, presented and used the victim G, an employee, as if he/she had a legitimate right to use the stolen national body card as seen above, by deceiving the victim, and was issued from the victim the alcohol and the share equivalent to KRW 300,000.

3. The Defendant violated the Specialized Credit Financial Business Act, at the time and place set forth in the above 2.1, used a stolen debit card by settling the payment of alcoholic beverage amounting to KRW 300,000 with the stolen national body credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Records of seizure and the list of seizure;

1. Application of the receipt statute

1. Relevant legal provisions concerning facts constituting an offense, Articles 329 and 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Finance Business Act, and selection of a fine (i.e., the confession and depth, the damage is relatively minor, and the victim D who agreed with the defendant does not want punishment);

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

1. Articles 70 (1) 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;