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(영문) 대전지방법원 2015.01.16 2014고정823
절도등
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 4, 2012, at around 08:00, the Defendant stolen 4 credit cards, including one cell phone in an amount equivalent to KRW 800,000, in the market price owned by the victim, and one bank body card, etc., using the gap in the victim D, who met at his/her age club from his/her 601 room located in Daejeon Dong-gu Daejeon-dong-gu, Daejeon, by diveing the victim D’s negligence of surveillance due to locking.

2. Fraud;

A. On October 4, 2012, the Defendant purchased a visual view equivalent to KRW 145,00 at the market price at the first floor visual store in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, and presented the bank card under the name of the Plaintiff, as stated in the foregoing 1. Paragraph (1), to the point where it is impossible to identify the name of the above store as if he was his card, and was issued a 145,000 won in sight from the point where he was in possession of the victim F department store.

B. On October 4, 2012, the Defendant: (a) around 13:42, and (b) around 2.

When purchasing cosmetics equivalent to the market price of KRW 85,00 at the F department store in the first floor G cosmetics store in the F department store in the above paragraph, it presented to the pointr that it is difficult to identify the name of the above store because it was stolen as if it was one of its card, and received cosmetics equivalent to KRW 85,000 owned by the victim F department store in the above paragraph (1).

3. The Defendant in violation of the Specialized Credit Financial Business Act used a cream card that was stolen twice at the same time and at the same place as the above 2.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the details of card transactions;

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, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of each stolen check), 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 (Aggravation of concurrent crimes with punishment prescribed for a violation of the Specialized Credit Finance Business Act which is the largest penalty);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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