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(영문) 청주지방법원 충주지원 2015.08.12 2014고정257
절도등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. At around 04:00 on June 8, 2014, the Defendant cut off three credit cards (national cards, new cards, and our physical cards) owned by the victim who saved the floor, which are owned by the victim, and KRW 500,000,000 of the market price, in front of the C convenience store located in Chungcheong City B, under the influence of alcohol by the victim D, with a crepane using the cresh.

2. On June 8, 2014, around 11:55, the Defendant: (a) presented the stolen D-owned credit card as if he/she was his/her card; and (b) received three T- lineers, which are the victim’s ownership, from 05:20 on the same day to 11:55 on the same day, from 05:20 on the same day, the Defendant received property or acquired pecuniary benefits equivalent to KRW 1,951,300 in total on 22 occasions as indicated in the attached list of crimes.

3. The Defendant violated the Specialized Credit Financial Business Act, as described in paragraph (2), illegally used the stolen credit card as stated in paragraph (1), even though it is not a legitimate user.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. CCTV photographs and evidence photographs of convenience points;

1. A description of the approval details of the KB National Card, a statement of personal approval of a new card, and the application of statutes on the approval details of transactions of Korean cards;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (with regard to illegal use of credit card), and the choice of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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