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(영문) 창원지방법원 2020.06.10 2020고정2
여신전문금융업법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. From around 14:05 on August 13, 2019 to 20:00 on the same day, the Defendant: (a) stolen the victim D (n, 34 years old) who was placed in the front corridor of the Jinhae-gu B apartment C at Changwon-si, Jinwon-si; and (b) obtained one lot of sunlight (36 cases) in the market price equivalent to KRW 30,000 in the amount of 30,000.

B. On October 22, 2019, around 09:40 on October 22, 2019, the Defendant: (a) opened a driver’s seat in front of the E-care center located in the Chang Sea-gu, Changwon-si B apartment complex that was parked in the E-care center; and (b) stolen one car card in the name of the victim and one card in the name of the victim, which is equivalent to KRW 1,050,000 in the market price owned by the victim.

2. On October 22, 2019, the Defendant purchased food equivalent to KRW 7,780 in the market price at H and I stores in Chang-gu, Changwon-si, Changwon-si, Seoul Specialized Credit Finance Business Act on October 22, 2019, and presented one card under the name of the victim who stolen, such as the preceding paragraph, as if he had a legitimate right to use, to the employees in the name of the Mart, and caused the said employees to approve the card. By no later than 12:29 on the same day, the Defendant purchased goods in total amounting to KRW 187,130 on seven occasions, as shown in the list of crimes.

Accordingly, the Defendant, by deceiving the above employee, acquired property benefits equivalent to KRW 187,130, and used stolen credit cards.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the Police with J; 1. Written Statement, Application of Acts and subordinate statutes on internal investigation reports

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act ( point of illegality of credit card), 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. Article 62(1) of the Criminal Act provides that the Defendant is suffering from dementia and is also unable to properly memory the crime committed by himself/herself.

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