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(영문) 대구지방법원 2012.11.23 2012고정520
여신전문금융업법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 22, 2010, the Defendant: (a) around 03:40, the Defendant: (b) obstructed the victim’s locking with the victim D within 308 within the Daegu Dong-gu, Daegu-gu, Daegu-gu, by opening a victim’s wallet that was located on his/her customer D by creshing the victim’s wall; and (c) stolen one credit card of the national bank, one credit card of the Korean bank, one Samsung Credit Card, and one credit card of the new bank.

2. On March 22, 2010, at around 03:54, the Defendant: (a) removed and stolen KRW 300,000 in cash using the victim’s Samsung Card (F) that was stolen from the cash withdrawal machines installed within the “E convenience store” in Daegu-gu, Daegu-gu; (b) from around 03:57 on the same day to around 04:00 on the cash withdrawal machines managed by the victim in the “G” registry located in the “G” located in the Dong-gu, Daegu-gu, Daegu-gu; and (c) subsequently withdrawn KRW 1,200,000 in cash on four occasions at the cash withdrawal machines managed by the victim (a week) located in the “G” located in the “G” in the “

3. As seen above, the Defendant unlawfully used the credit card of the victim who stolen, in the same manner as the above paragraph 2.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. CCTV photographs;

1. Dials and photographs;

1. Application of Acts and subordinate statutes on the details of card use;

1. Relevant Article 329 of the Criminal Act; Article 329 of the Specialized Credit Financial Business Act; Article 70 (1) 3 of the Specialized Credit Financial Business Act;

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

1. Articles 70 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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