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(영문) 부산지방법원 2014.06.18 2014고정1469
절도등
Text

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

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

Reasons

Punishment of the crime

1. 절도 피고인은 2013. 12. 6. 20:10경 부산 해운대구 반송동 소재 새마을금고 현금지급기 내에서 피해자 B가 현금 30만원을 인출한 후 깜박 잊고 놓고 간 신용카드(C) 1매를 몰래 가져가 절취하였다.

2. Fraud;

A. At around 20:35 on the same day, the Defendant purchased clothes in Busan Shipping Daegu D, and settled 119,000 won over two occasions, suggested that the above B’s new card which was stolen, such as paragraph (1), was one’s own, and obtained the above clothes by means of false signature on the sales slip, and acquired them by fraud.

B. At around 20:55 on the same day, the Defendant purchased an amount equivalent to KRW 50,000 from F located in Busan Shipping Daegu D, and acquired the said swine scrap through payment in the same manner as the preceding paragraph.

C. At around 21:30 on the same day, the Defendant purchased 120,000 won and Ba 120,000 won from G located in Busan Metropolitan City Shipping Daegu, and acquired Bab, etc. by settling the payment in the same manner as “A”.

At around 21:38 on the same day, the Defendant purchased 15,000 won of cosmetics at H located in Busan Shipping Daegu, and acquired the above cosmetics by settling the payment in the same manner as “A”.

E. At around 22:02 on the same day, the Defendant purchased an amount equivalent to 12,800 won of foodstuffs in the IE located in Busan Shipping Daegu D, and acquired the said foodstuffs by means of the same method as “A”.

3. The Defendant violated the Specialized Credit Financial Business Act, as in paragraph (1), unlawfully used the victim B’s credit card as in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A detailed statement of unlawful use;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (with regard to illegal use of credit card), and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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