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(영문) 전주지방법원 2017.10.25 2017고정495
절도등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On April 2, 2017, from around 06:50 to around 07:40, the Defendant discovered the keys of the victim’s clothes in the plastic box where the victim E puts for bathing goods in the Da “D” located in Seongdong-gu Seoul Special Metropolitan City from around 06:50 to around 07:40.

2. Violation of the Act on specialized credit finance business;

A. On April 2, 2017, around 07:49, the Defendant purchased tobacco from the H convenience store located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, and used a credit card that stolened KRW 6,200 by paying KRW 26,20.

B. The Defendant, at the J convenience point located in 08:13 Jeon-si, Masan-si I on the same day, purchased 2 2 brus of tobacco with the F’s MaG Saemaul Saemaul Cooperative Card, and used the 82,000 won which was stolen by settlement.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on occurrence of a suspected violation of the Act in financial business specializing in larceny, fraud, or credit;

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

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the illegal use of a stolen card), 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. In light of the above circumstances, the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which reflects the fact that the instant crime is recognized and wrong, the extent of damage is relatively minor, and the mental delay of the disabled in the third degree, etc., under favorable circumstances, the following circumstances are unfavorable: (a) the Defendant has a suspended sentence once for the same crime; (b) one time for a fine; and (c) the Defendant has not made an agreement with the victim or has not made a serious effort for the recovery of damage.

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