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(영문) 의정부지방법원 2019.06.13 2019고정747

절도등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On December 8, 2018, the Defendant discovered one copy of the NH Nonghyup Card owned by the victim D, and stolen it on his/her own wall, at the 'Cable Dong point located in Do Government-si B’ on December 22:24, 2018.

2. Around December 9, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased a rats from a “F” located in Jongno-gu Seoul Metropolitan Government E on December 9, 2018; and (b) settled 3,000 won by presenting the NH cards listed in paragraph (1) as if an employee who is not aware of his name were a legitimate holder; (c) by deceiving the amount equivalent to the said amount; and (d) wrongfully using the lost cam cards; and (c) from the said date to 07:26 on the same day, the Defendant illegally used the lost cam cards by acquiring and using the total amount of KRW 437,000 over six times, as shown in the list of offenses.

3. Attempted fraud.

A. On December 9, 2018, the Defendant, at the Government-Si around 11:19, intended to purchase the NH cards listed in paragraph (1) from “H” located in “H,” and intended to purchase mobile phone auxiliary services worth KRW 12,050 in a total market price by the same method, but failed to accept such approval.

B. On December 9, 2018, the Defendant attempted to purchase the amount and non-useable drinking water using the NH No. 1’s NH cards as stated in paragraph (1) from the “J”, which was located in the Council of the Republic of Korea, around 11:25, 2018, but was refused to grant approval.

Summary of Evidence

1. Defendant's legal statement;

1. Each simplified statement of D, K, and L;

1. The domestic approval details of the NH Nonghyup Card and H receipt;

1. The application of the Acts and subordinate statutes to the CCTV photographic data in a Cabledong point, the H CCTV photographic data, and the J CCTV photographic data;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (i.e., the use of force cards) and Articles 352 and 347 (1) of the Criminal Act, and the choice of fines;

1. Aggravation for concurrent crimes;