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(영문) 서울남부지방법원 2021.02.08 2020고정2161
절도등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. From August 18, 2020, at around 13:55 on August 18, 2020, the Defendant stolen the victim D (e.g., 56 years old) owned by the victim D (e., g., g., the U., a credit card store located in Yeongdeungpo-gu Seoul Metropolitan Government, with one copy of the U.S. bank credit card.

2. Violation of Acts in financial business specializing in fraud and credit;

A. At around 13:59 on August 18, 2020, the Defendant purchased each of the stolen credit cards owned by the victim, such as the above “A” and each of the 6,000 won of “Amar 1” and “Amar 1mar 1,000 won” with the credit cards owned by the victim, and presented the said card as if the said card were owned by the Defendant, the Defendant was an employee under the name of the Defendant, and the said employee was to prepare and present the sales slips equivalent to KRW 66,00,000 in total, and received the said tobacco, and acquired and used the stolen credit cards of the victim.

B. At around 14:04 of the same day, the Defendant purchased over-the-counter drugs equivalent to KRW 100,00,000 at H located in Yeongdeungpo-gu Seoul Metropolitan Government, and presented the credit card of the victim who stolen as stated in the above paragraph (a) as if the Defendant were to own the Defendant, the Defendant: (a) caused the above pharmacist to prepare a sales slips equivalent to the above amount; (b) obtained property gains equivalent to KRW 100,000, and unlawfully used the stolen victim’s credit cards on two occasions; and (c) obtained financial gains equivalent to KRW 166,00,000, and illegally used the stolen victim’s credit cards.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of CCTV closure photographs and Acts and subordinate statutes on receipts;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act of the choice of punishment (section 329), Article 347 of the Criminal Act, Article 347 of the Criminal Act, Article 70 (1) 3 of the Act on the Financial Business Specializing in Credit, and the selection of each fine;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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