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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who has no fixed occupation.
1. A thief, around 00:55 on September 06, 2013, the Defendant: (a) committed a theft with a cell phone with one million won (Aphone 4S), cash 25,000, a resident registration certificate, a driver’s license, and a new credit card (C) located on the part of a passenger under the influence of alcohol B (38 tax) who was under the influence of alcohol on the part of a subway train platform of 643-SY 2 in Dongjak-dong, Dongjak-gu, Seoul Metropolitan Government; and (b) committed a theft on the part of a passenger under the influence of alcohol.
2. The Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business at around 01:29 on the same day and at the center of “F” operated by the victim E (V, 52 years old) located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant, who presented the said victim’s new credit card as if he was his card, through the payment of KRW 100,000,000, and acquired it by fraud and used stolen credit cards.
3. Around 02:01 on the same day as above, at the main point of the “F”, the said “F” attempted to settle KRW 1.20,000 as the prepaid payment of alcoholic beverages by the said method, but the said B failed to bring the intent on the wind reported by theft and failed to do so.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Police statements B;
1. Application of each police investigation reporting statute;
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of a stolen card), Articles 352 and 347 (1) of the Criminal Act (the attempted use of a stolen card), each of the options of fines;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall apply to 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;