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(영문) 서울서부지방법원 2015.12.16 2015고정1759
절도등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On August 15, 2015, the Defendant: (a) around 02:30 on August 15, 2015, thief was stolen by taking one copy of the national physical fitness card owned by the victim D, which was far away from the floor of the C clubs located in Yongsan

2. The Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) ordered an employee of the foregoing club who was the victim at the time, place, and place under the preceding paragraph to use drinking water, etc. to obtain a total of KRW 8,000 of the market price by ordering the employee to use the stolen national body card as if he were his card; and (b) using the stolen card.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes on stolen credit cards;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act that choose a punishment, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (illegal Use of Credit Cards, etc.), and the choice of fines;

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. In full view of all the circumstances, including the confessions of and reflects on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the victim D does not want punishment against the defendant, the punishment as ordered shall be determined.

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