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(영문) 서울중앙지방법원 2013.04.23 2012고정5838

절도등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant,

1. A thief, around 00:30 on November 29, 201, in the Seongbuk-gu Seoul Metropolitan Government “D head office”, 36,000 won in cash, a new card (F, card name card name G), 2 keys, and a Samsung Handphone Handphone, etc. located in the location of the victim E (V, 45 years old) who is not a mental suffering from alcohol in Seongbuk-gu, Seongbuk-gu, Seoul, and 100,000 won in the market price, which includes one of the following:

2. Fraud;

(a) around 02:37 the same day as described in paragraph 1, the above new card which was stolen, as described in paragraph 1, is presented as if it were its card, and the price is settled, at around 02:37,000, equivalent to KRW 300,000 of alcoholic beverage and alcoholic beverage market value in Dongdaemun-gu Seoul, Dongdaemun-gu;

(b) at around 03:39 on the same day, one of the above new cards that stolen, as in paragraph 1, is provided in the JJ, at the same time, equivalent to KRW 50,000,00, for alcoholic beverages and for whom the price is paid, as if it were his card, and the settlement of the price is made, and is provided with alcoholic beverages equivalent to the above amount;

C. At around 04:35, the above day:

In the entry of paragraph I “I”, where the amount equivalent to KRW 250,00 is provided, the said new card which was stolen as if it were its card, as described in paragraph 1, shall be presented as if it were its card, and the payment shall be settled, and shall be provided with alcoholic and alcoholic beverages equivalent to the above amount;

3. The credit card, which was stolen as stated in Paragraph 2 of Article 2 of the Specialized Credit Financial Business Act, was unlawfully used as one’s own card, at each date, at each place, as stated in Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and K;

1. Application of Acts and subordinate statutes on membership use;

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 (each point of fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (with regard to illegal use of credit card), and the choice of each fine;

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