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(영문) 서울동부지방법원 2016.06.02 2016고단443
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, at around 00:10 on May 28, 2015, hereinafter “D main points in Seongbuk-gu, Sungnam-si, Sungnam-si,” “A 40,000 won in cash owned by the injured party E in the studio.” A 150,000 won in market price containing a new bank’s credit card and a credit card in exchange bank.

In other words, they stolen them.

2. On May 28, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, suggesting that he had the right to use a new bank credit card in the name of E, which was stolen, as described in paragraph 1, to board a taxi on the street in front of the place described in paragraph 1 at the Defendant’s home located in Songpa-gu Seoul Metropolitan Government, and to use the taxi in spite of the absence of the right to use the new bank credit card in the name of E, such as paragraph 1, and that he/she had the said taxi driver paid 12,240 won from 00:22 to 0:35,000 on the same day, including that he/she had the said taxi driver pay 12,240 won of the taxi fee, using a new bank in the name of E and foreign exchange bank credit card in the same way as in the attached list of crimes, and used the stolen credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. E statements;

1. Application of investigation reports (the confirmation of the details of the use of the card by the victim), investigation reports (the comparison between the wall of the suspect and the wall of the victim), and application of Acts and subordinate statutes to investigation reports (the hearing of statements by the victim);

1. Article 329 of the Criminal Act, Article 329 of the same Act, Article 347 (1) of the same Act, and Article 70 (1) of the Act on Financial Business Specializing in Credit Business (the use of stolen cards) against criminal facts; Selection of each fine;

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. As to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act, the Defendant shall have mental and physical loss or mental weakness at the time of committing the crime.

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