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(영문) 의정부지방법원 2015.06.08 2015고정159

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Larceny;

A. On December 28, 2012, around 04:30 on December 28, 2012, the Defendant discovered a gallon phone and the modern card posted in the gallon phone and the case thereof owned by the victim D himself/herself, set up at his/her own will, and brought him/her up.

As a result, the Defendant stolen one cellular phone and one modern card, which is a credit card, from a gallon, which is equivalent to the market value of 1,000,000 won owned by the victim.

B. On December 31, 2012, around 06:00, the Defendant discovered a galglue cellular phone set up on the victim E and left on the victim E at the place under the preceding paragraph, and brought it to it as it was.

As a result, the Defendant stolen one cellular phone of an amount equivalent to 800,000 won in the market price owned by the victim.

2. On December 28, 2012, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 04:46, the Defendant possessed the said D’s modern cards, such as the above-mentioned D’s A, and had the right to use the said credit card, by deceiving the victim as if he/she had the right to use the said credit card; and (b) received alcohol and alcohol from the victim; and (c) paid it by the said credit card.

Accordingly, the defendant used the stolen credit card owned by the above D, and deceiving the victim, thereby deceiving the victim with the amount of 450,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Application of Acts and subordinate statutes on the use of modern cards;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards, the choice of fines).

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;