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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Athie, around 18:00 on April 15, 2016, the Defendant stolen a theft with a national card (D) among the victims (43 years of age) located in Yongsan-gu Seoul Metropolitan Government.
2. On April 16, 2016, the Defendant violated the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) used a stolen credit card by settling 10,000 won with a stolen credit card, such as the foregoing paragraph (1), at the food center of the current department store, which was located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
3. Fraud and attempted fraud;
A. On April 16, 2016, the Defendant purchased food equivalent to KRW 10,00 from the food center in the “Yandae department store New department store” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at around 13:27, the Defendant purchased a food equivalent to KRW 10,000, by presenting a credit card in the name of the above C, and acquired financial profits equivalent to the above amount by deceiving the franchisor as if the Defendant was a legitimate holder of the credit card, and by removing the payment thereof.
B. At around 14:30 on April 16, 2016, the Defendant, while paying food equivalent to KRW 18,00,00 from the restaurant of “F” located in Overcheon-si, Sincheon-si, presented the credit card under the above C, but did not reach an attempted attempt, but did not reach the wind which may be refused by a theft report.
Summary of Evidence
1. Partial statement of the defendant;
1. A report on investigation (including details to be attached to a victim's statement by facsimile and a accompanying document);
1. Letters stating the details of unlawful use of credit cards;
1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, and the selection of fines, respectively, concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;