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Reasons
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(영문) 제주지방법원 2013.05.01 2012고단1141
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From April 29, 201, around 23:00 on April 29, 201, the thief: (a) the Defendant: (b) committed theft with KB National Card (Credit Card No. : F) and 1 copy of our physical card (Credit Card No. Ga No. Ga) on the wall of the victim, which was located on the tables, using a creb in the toilets in Seocho-gu Seoul Metropolitan Government.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On April 29, 2011, at around 23:40 on April 29, 201, the Defendant: (a) presented one copy of the KB National Card in the name of E that stolen as described in the foregoing paragraph (1) as if the Defendant was a lawful holder; (b) had the said employee prepare a credit card sales slip; and (c) the Defendant unlawfully used the said KB National Card; and (d) exempted the payment of KRW 36,000,00, equivalent to the above liquor value.

B. On April 30, 201, at around 02:27, the Defendant, on April 30, 201, presented one copy of the KB National Card in the name of E, which was stolen as described in the above paragraph (1), to the employees under the pretext of settling the amount of KRW 45,000, under the pretext of the settlement of KRW 45,000 at the victim J’s office located in the first floor of the Seocho-gu Seoul Metropolitan Government I Building around April 30, 201, the Defendant illegally used the said KB national card by signing and delivering the credit card sales slip to the said employees, and the Defendant acquired pecuniary benefits equivalent to the said amount by removing the payment of KRW 45,00,000.

C. On April 30, 2011, the Defendant committed the crime around 03:59 on April 30, 201, on the front day of Seocho-gu Seoul Metropolitan Government, around 03:59 on April 30, 2011, let the Defendant take the taxi of a person who was unable to obtain the victim’s name and drive the taxi to the front day of Dongdaemun-gu, Seoul Metropolitan Government, and thereafter, the Defendant completed the Defendant’s duty to pay KRW 30,48

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