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(영문) 수원지방법원 2016.11.17 2016고정1870
절도등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On September 17, 2015, the Defendant discovered the card posts containing the NAC card (credit card number: D) among the victims, and stolen them on his/her own bank, on September 2015, 2015, on the basis of cash withdrawal in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the victim C (the victim C(the age of 45) was used.

2. Around September 20:24, 2015, the Defendant purchased foodstuffs equivalent to KRW 248,670 with the purchase of 31,670,000, using a 31,670 clocks in Suwon-si, Suwon-si, and acquired the stolen victim’s cC card as if it were one’s own credit card and as if it were, and cannot be identified in the sales slip printed out by submitting it to the pointr, by fraudulent means.

3. On September 18, 2015, the Defendant attempted to acquire the stolen victim’s agricultural bank 2C card as if it were one of his credit card holders and to acquire it by fraudulent means while purchasing fruits, etc. equivalent to KRW 14,600 in Suwon-si E located in Suwon-si, Suwon-si, Suwon-si, and attempted to acquire it by fraudulent means. However, the Defendant did not refuse to obtain approval by reporting the loss of the victim and failed to achieve the intent.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of some of the accused;

1. Reporting of cyber crimes;

1. A detailed statement of theft cards illegally used;

1. Seizure records;

1. Application of Acts and subordinate statutes governing seized articles;

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 Specialized Credit Financial Business Act (illegal Use of Credit Cards), Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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