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(영문) 수원지방법원 성남지원 2016.07.11 2015고단1101
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, while living together with B, thought that he came to know of the storage place and password of the credit card (B’s husband C) managed by B, with the said credit card, and used it to receive cash services.

On October 3, 2014, the Defendant was in the inner harassment at the place where he was in the B’s residence located in the Do Do Do Do Da 2-101, Sung-nam-si, Sungnam-si.

A Samsung Card in the name of Samsung, which is managed by B, has been set up in Chapter B.

Then, at around 11:41 on October 3, 2014, the Defendant entered a password xxx in a cash withdrawal machine managed by the victim NH No. 270, the Defendant, as seen above, and then withdrawn a total of KRW 2 million on three occasions, including KRW 700,000,000,000, and KRW 60,000,000,000,000 as cash services.

In addition, the Defendant, as described in the list of crimes in the attached Form B, withdrawn the total of KRW 13,820,000 for cash services and loans using the above Samsung Card managed by B through the same method over 12 times.

Accordingly, the Defendant stolen the property managed by the injured party, and used the stolen credit card.

Summary of Evidence

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

1. Statement made by the police with regard to B;

1. Application of the detailed statement of the use of Samsung Card, inquiry of the details of transactions of short-term card loans (cash services), copy of passbook, investigation report (as to suspect's commission of crime and recognition of suspicion), and the application of the relevant statutes;

1. Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Crediting the relevant Act on criminal facts, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (not less than a fine, but more than a fine, as agreed with the victim).

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