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(영문) 수원지방법원 2017.07.13 2016고정3105
절도등
Text

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

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

Reasons

Punishment of the crime

1. On May 6, 2016, the Defendant: (a) cut off 200,000-00-04: (b) a sponsed spack spackspackspack in front of Suwon-si, Suwon-si, where the victim C (son, 25 years of age) was under the influence of alcohol, with a physical bank card of the victim; (c) one copy of the corporate bank cke card; (d) one copy of the vehicle driver’s license; and (e) one copy of the vehicle operator’s license; and (e) one copy of the transportation card.

2. The Defendant violated the Act on Specialized Credit Financial Business: (a) purchased tobacco, etc. at “E convenience store D” located in Suwon-gu, Suwon-si, Suwon-si; and (b) paid 51,200 won for the purchase of tobacco, etc. on two occasions by using the stolen national bank check.

Accordingly, the defendant used stolen physical cards of others in a fraudulent way.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes on the sales of physical cards (on-site verification, victim internal investigation, investigation report (CCTV Analysis and Investigation, Search and Investigation around the site), and provisions of the Act and subordinate statutes on the sales of physical cards;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the occupation of using a stolen physical card), and the choice of fines, respectively;

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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