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(영문) 부산지방법원 2014.06.09 2013고정5654

절도등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to a suspended sentence of two years for violating the Military Service Act at the Busan District Court on December 27, 2013, and the judgment became final and conclusive on December 27, 2013.

1. A theft: (a) around 00:01 on August 21, 201, the Defendant: (b) laid off a bank body card from a victim’s wall located in the cremation room where the victim D was divingd; and (c) cut off the bank body card from the victim’s wall that was located in the cremation room.

2. On August 21, 201, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 02:52, at the main point of “F” for the operation of the victim E in Ma in Macheon City, the Defendant acquired pecuniary benefits equivalent to that amount by presenting the victim’s e-mail card in the name of larceny-friendly D, as indicated in paragraph (1), as if he was his e-mail card, and paying 150,000 won in total nine times in total using the above e-mail card, such as paying 159,350 won, as indicated in the list of crimes, and used the stolen e-mail card.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of D, G, H, E, I, J, and K;

1. Details of domestic approval by each member and CCTV photographs;

1. Previous records of judgment: Disposition aesthetic records, results of confirmation, printed and outputs of the Konet case, and application of each statute of the judgment; and

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 (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (with regard to illegal use of credit card), and the choice of fines, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;