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(영문) 수원지방법원 안양지원 2017.09.12 2017고정407
절도등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On August 14, 2016, the Defendant: (a) entered an Eelball club with the victim C who was frightly drinking at the BN club; and (b) stolen a copy of KB bank credit card on the market price, which was not owned by the victim, from the victim’s wall; and (c) subsequently, the Defendant stolen the victim from the victim’s wall.

2. On August 14, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased tobacco at the “G convenience store” operated by the Defendant with the name unsound victim in Ansan-si, and (b) presented a tobacco to the Defendant at the “G convenience store” operated by the Defendant; (c) obtained a tobacco credit card equivalent to KRW 4,500 at the market price from the injured party, namely, the Defendant was issued a tobacco 1-a tobacco amounting to KRW 4,500 at the market price, and (d) obtained a signature on the credit card sales slip from around that time to around 04:08, the Defendant used the said credit card by receiving the said amount of KRW 346,710 in total on seven occasions as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (second time);

1. Application of the Act and subordinate statutes to the Act and subordinate statutes on National Card Transactions;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 329 of the Criminal Act (the intention of Section 329), Article 70(1)3 (the illegal use of a card) of the Act on Specialized Credit Financial Business, the selection of fines, and the selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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