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(영문) 부산지방법원 2018.06.27 2018고정836
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 24, 2016, the Defendant thief: (a) took the key to the victim D’s gate, located on the floor in Ulsan-gu B, Ulsan-gu, Ulsan-gu, Seoul-do; (b) opened an object to the victim’s gate, and then takes up one KSB CY card (E) in the victim’s possession.

They have come to her.

Accordingly, the defendant stolen the victim's property.

2. On June 25, 2016, at G convenience stores located in the Busan Northern-gu, Busan, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, and was in possession of the Defendant.

HB CB CB Card (E) at the National Bank in the name of the victim as if the applicant were a legitimate licensee, and the applicant presents the CB Card at the time of 4,500 won at the market price from the victim.

Tobacco 1 A received the payment by the above e-mail card, and paid the payment by the above e-mail card, and continuously received the total amount of 3,900 won at the market price by the same method as around 20:21 on the same day and paid the payment by the above e-mail card.

Accordingly, the defendant, by deceiving the victim, received property, and used stolen debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Investigation report (verification of on-site CCTV);

1. On-site CCTV photographs, etc.;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the illegal use of credit cards), and the selection of fines for each type of fine;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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