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(영문) 서울북부지방법원 2016.09.22 2016고정1644

절도등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The Defendant stolen, around 12:00 on June 3, 2016, tobacco cases containing a victim B (n, 21 years old) credit card (credit card C) holding the National Bank Holdings owned by the Defendant, which was located in the 10th floor smoking room at the 10th floor of the department store located in the Dobong-ro 62 (U.S. children) in Gangnam-gu, Seoul.

2. Violation of the Act on specialized credit finance business;

A. On June 5, 2016, around 16:51, the Defendant illegally used the stolen credit card by forcing the seller to prepare a sales transfer slip equivalent to the same amount, while making as if he/she had the right to use the stolen credit card under B, as set forth in paragraph (1), when purchasing goods equivalent to KRW 4,900 from E located in Yeongdeungpo-gu Seoul Metropolitan Government D.

B. On June 5, 2016, around 16:58, the Defendant illegally used a stolen credit card by having the said seller prepare a sales slips equivalent to the same amount, as in paragraph (1), when purchasing goods worth KRW 6,000 from the Yeongdeungpo-gu Seoul Metropolitan Government F, and as if he/she had the right to use the stolen credit card, the Defendant was engaged in as if he/she had the right to use the stolen credit card.

3. Fraudulent and attempted fraud;

A. The Defendant, as stated in two (1) and (2), by deceiving a seller, received property equivalent to the same amount from each seller.

B. On June 5, 2016, at H convenience stores located in Gwanak-gu in Seoul Special Metropolitan City, around 18:11, the Defendant intended to purchase goods on the market value using a stolen national bank credit card, as described in paragraph 1, but was refused to accept it as a stolen report by the victim, and failed to achieve such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to field CCTV photographs and photographs of receipts, and damaged objects photographs;

1. Relevant legal provisions for criminal facts, Article 329 of the Criminal Act for the choice of punishment (section 329), Article 70 subparag. 3 (Unlawful Use of Credit Cards) of the Act on Specialized Credit Financial Business, and each criminal law is applicable.