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(영문) 서울중앙지방법원 2015.08.18 2015고정1727
절도등
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Specialized Credit Financial Business Act, and the Defendant was aware of the fact that a person (one person) who was aware of his knowledge of the name was aware of, and obtained a credit card of the National Bank from, the loss of D, the Defendant conspired to purchase goods using the said credit card.

At around 20:00 on February 27, 2013, the Defendant reported the network outside of the Defendant at the G convenience point of subway No. 9 located in Gangnam-gu Seoul, Seoul, and the said C, upon purchasing 13 cigarettes, presented the credit card completion of the national bank to the convenience store owner who is not aware of his name as above, and had the payment of KRW 315,00 won.

Accordingly, the defendant used the lost credit card in collusion with C, and received property by deceiving the owner of the above convenience store.

2. A theft: (a) around 06:00 on May 9, 2013, the Defendant discovered that the victim H was locked by taking one of the gallon-2 smartphones owned by the victim H in the Gangseo-gu Seoul Metropolitan Seocho-gu Central Hospital’s distribution Dong, by putting one of the gallon-2 smartphones on the side in the value of the gallon-based taxable calculation of tax base; and (b) committed theft with the said smartphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A H statement;

1. Investigation report (Attachment of the receipt, and specification of the suspect);

1. Application of seizure records and evidence-proof 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 ( point of using the lost theft card), 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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