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(영문) 대구지방법원 2019.09.03 2019고합150
준강간등
Text

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

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

Reasons

Punishment of the crime

1. On January 15, 2019, the Defendant stolen KB National C’s Card (the card No. E) owned by the victim while drinking alcohol together with the victim D (name, b7 years of age) at night around 15, 2019.

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

A. On January 16, 2019, at around 00:03, the Defendant: (a) received alcohol and alcohol equivalent to KRW 28,400 in the market value; (b) presented a stolen Korean nationals’ check to the above C employee as if he was his card; and (c) had the said C employee pay 28,400 won in advance, thereby using a stolen credit card; and (d) exempted the payment of the above amount, thereby obtaining pecuniary benefits equivalent to the same amount.

B. On January 16, 2019, at around 00:25, the Defendant: (a) boarded a taxi operated by G in front of the said C; (b) brought the said G at H in Busan-si; and (c) presented the stolen KB national physical fitness card to the said G as if it were his/her card; and (d) paid 3,360 won, thereby using a stolen credit card; and (c) obtained pecuniary benefits equivalent to the said amount by removing the payment of the taxi fee from paying it.

C. On January 16, 2019, around 00:28, the Defendant used a stolen credit card by presenting stolen-friendly KB-national physical fitness card to the employees of the victim J in Busan-si, as stated in Paragraph 1, and allowing them to settle KRW 40,000 as one’s card, and obtained pecuniary benefits equivalent to the said amount by avoiding the payment of the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Some police statements made to D;

1. Receipts, such as CCTV closure photographs, CCTV images CDs, and L messages;

1. The application of Acts and subordinate statutes to report internal investigation (to attach CCTV photographs and images inside and outside the radius, attach details, etc. submitted by the victim), investigation report (report attaching a receipt), and investigation report;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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