Text
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 21, 2015, the Defendant, along with D around October 21, 2015, moved out from the hospital, without permission of E, a portable phone from the hospital to the G hospital located in Gyeong-gun F of Gyeong-gun, with his mother, and carried out the phone from the hospital to D, and again sticked from D to the above portable phone case.
E Credit cards were received in the name of E.
On October 23, 2015, the Defendant purchased the clothing equivalent to KRW 496,00 at the 'I' clothing store operated by the victim H located in the modern department store located in Busan Dong-dong, Busan, and then presented the stolen E’s card to the employees as if they were his card and arbitrarily signed the credit card on the sales slip, and had the employees pay the clothing with the credit card on the said card, thereby obtaining economic benefits, and using the stolen credit card.
In addition, from that time until 17:24 of the same day, the Defendant purchased goods equivalent to KRW 2,714,200 in total with credit cards in the following manner seven times, such as the list of crimes in attached Form E, from that time to that of the same day, and acquired economic benefits equivalent to that amount, and used a limited credit card.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement by the witness J;
1. Each police statement made to E and J;
1. Application of Acts and subordinate statutes to inquire about receipt for credit card use and approval details;
1. Article 347(1) of the Criminal Act of the relevant Act on criminal facts (the point of fraud), Article 70(1)3 of the Act on Specialized Credit Financial Business (including the point of fraudulent use), and the selection of each fine for a crime;
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;