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Defendant shall be punished by a fine of one million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
[Criminal Power] On August 16, 2013, the Defendant was sentenced to two years of imprisonment by the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment becomes final and conclusive on the 24th of the same month.
[criminal execution] On November 25, 2012, around 02:00, the Defendant stolen one copy of the Bank SCCC Card owned by D from the third floor of the building B in Busan Northern-gu, Busan, and thought to use it.
1. On November 25, 2012, around 05:00 on November 25, 2012, the Defendant used the facility to use the victim’s namelight box in Busan Northern-gu, and presented the said card as if the Defendant was D, and had the victim prepare one copy of the credit card sales slip of KRW 300,000,00, and issued it to the member signature column, and then illegally uses the stolen credit card and acquired the pecuniary benefits equivalent to KRW 300,000,000 from the victim by deceiving the victim.
2. On November 25, 2012, the Defendant received 07:04 notice from “G” in the operation of the victim’s nameless boxes in Busan Northern-gu, Busan-gu, and presented the said card under the name of D as if the Defendant was D, and issued to the victim one copy of the credit card sales slip of KRW 77,000 to the victim and signed the member signature column, and then wrongfully used the stolen credit card and acquired pecuniary benefits equivalent to KRW 77,000 from the victim by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the statement prepared by the victim and of the card sales slip;
1. Previous records of judgment: Criminal records, etc., inquiry reports and application of court rulings and other statutes;
1. Relevant legal provisions Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of use of each stolen credit card), and each fine concerning facts constituting an offense;
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. The order of provisional payment;