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(영문) 서울남부지방법원 2016.09.23 2016고정1372
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. At around 12:00 on March 1, 2016, the Defendant: (a) committed theft on the part of the branch office located in Gangseo-gu, Gangseo-gu, Seoul National Bank Drown National Bank; (b) on the cash payment season at the location of the victim B; and (c) thefted with one copy of the KB National Cze Card, which is the victim’s possession.

2. Fraud;

A. On March 1, 2016, around 14:59, the Defendant: (a) committed as if he was the lawful holder of the e-mail card in the name of B that stolen, as set forth in paragraph (1) from the e-mail bank operated by the victim D in Gangseo-gu Seoul Metropolitan Government, and (b) purchased two parallels of the market price of KRW 480,000 from the damaged person; and (c) fraudulently acquired two parallels of the e-mail card by settling the price with the above e-mail card.

B. On March 1, 2016, at around 15:04, the Defendant: (a) committed a cosmetic operated by the victim G in Gangseo-gu Seoul Metropolitan Government F, as if the Defendant was a lawful holder of the radioactive card in the name of the stolen B, as prescribed in paragraph (1) at the “H” cosmetic operated by the victim G; (b) and (c) obtained shampoo and shampoo from the victim, one shampoo in an amount equivalent to KRW 6,000 at the market price; and (d) procured shampoo and one shamp

(c)

On March 1, 2016, the Defendant, at around 15:15, 2016, committed as if he/she was a lawful holder of the physical card in B’s name that was stolen, as set forth in paragraph (1), at the “K” store operated by the victim J in Gangseo-gu Seoul Metropolitan Government, and attempted to defraud “a apap of p trees” in an amount equivalent to KRW 60,000 at the market price from the injured party, but the said physical card was attempted to take place on the wind where the transaction was suspended with the lost theft card.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using B’s e-mail card which was stolen in the same manner as the date and place set forth in No. 2(a) through (c).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (a CCTV analysis investigation at crime scene);

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (abstinance), Article 347(1) of the Criminal Act (abstinence of fraud), Articles 352 and 347(1) of the Criminal Act (abstinence of fraud).

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