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(영문) 부산지방법원 동부지원 2018.09.13 2018고정391
절도등
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

Defendant,

1. On February 26, 2018, while purchasing bread in D located in Busan-gun C, Busan-gun on February 26, 2018, the victim E, a customer, took a theft of approximately KRW 30,000,000 of the market price posted on the front of the calculation unit, and the victim E, a customer, took a theft of the breath.

2. On the same day: 12:10 of the F Apartment G convenience store in Busan-gun, Busan-gun, by illegally using a credit card by presenting the victim’s modern credit card owned by the victim inside the stolen wall to point H, and at the same time by illegally using the credit card and by deceiving the 60% of the market price by acquiring 9,960 Won from H;

3. On February 28, 2018, at the above G convenience store, the Defendant presented the stolen credit card to the pointr, but was aware that the credit card was the credit card that was suspended from payment and was attempted.

4. On the same day, purchasing a small-scale 1 soldier in the vicinity of the same day, he/she again presented the said credit card, but he/she was discovered to be an attempted card with suspended payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. Application of investigation reports (the details of card use) Acts and subordinate statutes;

1. The point of larceny of relevant legal provisions concerning criminal facts: The point of larceny of Article 329 of the Criminal Act: Article 347 (1) of the Criminal Act: The point of illegal use of credit card under Article 347 (1) of the Criminal Act: The point of attempted fraud under Article 70 (1) 3 of the Act on Specialized Credit Financial Business: Articles 352 and 347 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, which is the first offender with no criminal history, and the degree of damage caused by the instant crime is significant.

It is difficult to see that the defendant suffers from depression and alcohol, etc., in the process and process of the crime of this case.

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