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Reasons
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(영문) 창원지방법원 진주지원 2021.02.17 2020고단1797
여신전문금융업법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant stolen B’s children, and one copy of B’s C card around June 2020.

1. Around June 20, 2020: (a) around 23:11, 2020, the Defendant violated the Act on the Financial Business Specializing in Credit and the Defendant used the credit card which was stolen by having the victim prepare a sales pre-sale slip, and obtained property gains equivalent to KRW 200,000, by having the victim use the said C card as if he/she had ran a ranran bar operated by the victim E with the victim E in Jinju-si.

In addition, from around that time to February 21 of the same month, the Defendant acquired three pecuniary benefits equivalent to KRW 350,000 through three times, such as the list of offenses, and used stolen credit cards.

2. Around June 21, 2020, G demanded that G borrow KRW 500,000 from the cash payment machine using the above credit card from June 21, 202 and that G borrow KRW 500,000 as the cash service function of the above credit card at the cash payment machine of the IF located in J in Jinju-si around 11:59 on the same day.

Accordingly, the defendant used stolen credit cards, and stolen money owned by the manager of the cash payment machine on his name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the processing table, photograph, card transaction status, CCTV images, investigation report (verification of sales slips and attachment of copies, etc.);

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of stolen credit cards) of the Act on Specialized Credit Financial Business, Articles 329 and 34(1) (the use of stolen credit cards) of the Criminal Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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