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(영문) 부산지방법원 2017.11.01 2017고정1345
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

On September 1, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court on September 1, 2016, and the judgment became final and conclusive on September 19, 2016.

1. 절도 피고인은 2016. 3. 7. 23:48 경 부산 영도구 B에 있는 C 찜질 방 카운터에서 피해자 D이 계산을 하면서 깜빡 놓고 간 40만 원 상당의 구 찌 파란색 남자용 반지 갑과 그 안에 있던 현금 14만 원, 피해자 소유의 국민은행 신용카드, 외환은행 체크카드, 신한 은행 체크카드, E 명의의 롯데 체크카드, F 명의의 국민은행 신용카드 각 1 장을 가져 가 이를 절취하였다.

2. On March 8, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, purchased two slots in the middle-gu, Busan, the center of the middle-gu, Busan, in the middle-gu, in the middle-gu, the first floor G store of the department store, in the amount of G UP bail (18K ggs) equivalent to KRW 1,498,000, in the face of a stolen wall as referred to in paragraph (1).

E, the E-owned soft Card presented the same amount to the victim who is his/her employee, as his/her legitimate holder, and had him/her settle it.

As such, the defendant deceivings a victim who is not his name, obtained the above gal from the victim who is affiliated with the above galm from the victim and acquired it by fraud, and used the stolen credit card of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each police investigation report (Attachment of sales slips of illegal use cards, attachment of photographs, and notification for genetic appraisal);

1. Previous conviction: Application of Acts and subordinate statutes concerning the results of case search;

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 Act on Financial Business Specializing in Credit, and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 of the Criminal Procedure Act of the Provisional Payment Order

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