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(영문) 인천지방법원 2018.02.01 2018고정63
절도등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On November 17, 2017, the Defendant: (a) from the third floor of the Samsung Service Center located in Samsungdong-gu, Incheon Metropolitan City, 875-0, the Defendant stolen: (b) KRW 17,000 in cash owned by the victim B; (c) KRW 50,000 in school bus table; and (d) KRW 250,00 in the market price stated in the first page of the Bank Card; and (c) was stolen with a business door door.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On November 17, 2017, at around 14:50 on November 17, 2017, the Defendant purchased reflects from “D” operated by a victim’s name in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and had the victim pay KRW 17,00,00, by presenting the bank card of B stolen as indicated in paragraph (1) as one of his/her own cards.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to 17,000 won from the victim, and used stolen credit cards.

B. On November 17, 2017, the Defendant purchased subsidies from the building of Bupyeong-gu, Incheon, Bupyeong-gu E and the “F” operated by the victim’s name in the first floor, and suggested B’s bank card completion as if he was his card, and had an employee in non-name pay 21,000 won for subsidies.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to 21,000 won from the victim, and used stolen credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes governing the notice of credit card settlement;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the point of use of stolen credit cards), and the choice of fines;

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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