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(영문) 대전지방법원 2013.12.06 2013고정1603
절도등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A thief: (a) around 05:50 on November 7, 2012, the Defendant stolen Samsung Credit Card (Credit Card No. : E) from the victim’s wall that the victim D first d was under the influence of alcohol, through a three-year-wide drinking room or room in Daejeon Jung-gu, Daejeon, the Defendant cut off one set of Samsung Credit Card No. 204 on the part of the victim.

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

A. On November 7, 2012, around 05:55, the Defendant purchased Costal, etc. at a G convenience store located in Daejeon Jung-gu, Daejeon, Daejeon, and presented Samsung Credit Card owned by the victim as stated in the foregoing paragraph (1), and obtained pecuniary benefits equivalent to the same amount by settling the amount of KRW 31,400 by signing, and used the stolen credit card unlawfully.

B. The Defendant above A.

On the same day, around 05:58, in the above H, purchased drinking water, etc. from Schlage and settled KRW 15,200 in the above manner, and acquired the same amount of proprietary benefits, and used the stolen credit card unlawfully.

C. The Defendant above A.

At around 06:03 of the same day, the above J purchased vegetable vegetables from K convenience stores and settled 79,500 won through the same way, thereby acquiring the same amount of financial benefits and using stolen credit cards illegally.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Samsung Card Loss Statement, Credit Card Use Statement, and sales slip copy Acts and subordinate statutes;

1. Relevant Articles 329 and 347 (1) of the Criminal Act concerning facts constituting an offense, and Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit card);

1. Selection of each alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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