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(영문) 부산지방법원 2015.11.12 2015고정3348
절도등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 15, 2015, at around 22:12, 2015, the Defendant stolen property equivalent to the sum of KRW 2.80,000,000, 130,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On May 16, 2015, at around 02:10 on May 16, 2015, the Defendant paid the note at “F located in the Busan Seo-gu E, Busan, using a stolen card by settling KRW 90,000 with a new card in the name of D, such as Paragraph 1, and acquired financial benefits equivalent to the same amount.

B. On May 16, 2015, at around 05:48, the Defendant purchased grassland from “H located in the Busan Seo-gu G, Busan, the Defendant used a stolen card by settling 2,000 won with a new card under the name of “H”, such as paragraph (1), and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement concerning I;

1. Receipts:

1. Application of CCTV Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Article 329 of the Criminal Act that choose a punishment, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (Use of Theft Card), and the choice of fines, respectively;

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;

1. In light of the favorable circumstances such as the agreement with the victim D on the reason of sentencing, the fact that the defendant is against the defendant, despite the previous fact, the fact that the crime of this case was committed at the same time, shall be considered disadvantageously.

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