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Reasons
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(영문) 서울중앙지방법원 2014.10.07 2014고정3904
사기등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. At around 01:00 on April 28, 201, the Defendant stolen it with one copy of one SKK credit card owned by the victim in the studio show in Gangnam-gu Seoul, Seoul.

2. The Defendant, at around April 28, 201, presented that the Defendant was entitled to use the said “E” credit card at the main point of “E” located on the first floor of Gangnam-gu Seoul Metropolitan Government D underground in Gangnam-gu, as above, at around April 28, 2011.

However, the above credit card was stolen by the defendant, and there was no intention or ability of the defendant to pay the price.

The Defendant, as above, by deceiving the above employees and allowing the said employees to settle the said card, received the said employee’s alcohol and alcohol equivalent to KRW 7.80,00,00, and acquired it, and used stolen credit cards from that time to May 2, 2011, and received goods, etc. equivalent to the sum of KRW 4,836,020 in total by the above 34 times in Seoul Si and Gyeonggi-do as shown in the attached crime list, and used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The sight of the contents of unlawful use;

1. A theft accident explanatory note;

1. Each report on investigation;

1. Application of CCTV Acts and subordinate statutes;

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 (referring to the use of stolen credit cards, including the use of stolen credit cards), and the choice of fines;

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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