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(영문) 인천지방법원 부천지원 2018.10.19 2018고단2279
절도등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On August 4, 2018, the Defendant: (a) at the third waiting room of the 'C' golf course located in Ansan-si, Ansan-si; (b) the Defendant: (c) operated and moved a vehicle owned by the victim D with the first floor on the back of the golf course; (c) opened a victim’s test color room on the back of the said vehicle; and (d) stolen it with one new card located in the front seat of the said vehicle.

2. On August 13, 2018, the Defendant violated the Act on Specialized Credit Financial Business (hereinafter “F”) issued a stolen credit card to the “F” business owner G by purchasing a 14K gold ticket, and then illegally used the stolen credit card by allowing the said gold ticket to settle the price.

3. The Defendant purchased 14 K gold blings at the same time and place as indicated in paragraph 2, and issued the 380,000 won at the market price of the said gold bings to the victim G, the business owner of the 'F' as above, as if the Defendant had been entitled to legitimate use of the stolen cards, and the Defendant had the victim pay the said new card with the said new card and received a delivery from the victim of the said gold bings.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. G statements;

1. A protocol of seizure and a list of seizure;

1. Application of new Acts and subordinate statutes on credit card transactions;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Act on Financial Business Specializing in Credit, and the selection of fines for each crime;

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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Criminal Procedure Act are the defendant who again commits each of the crimes of this case during the period of repeated crime for the same kind of crime.

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