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(영문) 서울남부지방법원 2014.08.27 2013고정3874
절도등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 19:00 on June 11, 2013, the Defendant embezzled Samsung Card in the name of the victim, which was lost due to the theft of the victim B, and one of the victim’s physical transfer cards in the name of the national bank in the name of the victim, without undergoing necessary procedures, such as returning it to the victim, even though he/she acquired each one of the victim’s wife C’s Samsung Card in the name of the victim’s wife and one of the victim’s physical transfer cards.

2.(a)

On June 12, 2013, at around 19:20 on June 12, 2013, the Defendant purchased one of the archebs made up of the net gold amounting to KRW 440,000 at the market price from the F metal bank located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and used the lost credit card by presenting the Samsung Card under the name of Samsung Card as one of its card and settling it as if it were one’s own card, and the above gold was obtained from the bank business owner, that is, from the bank business owner, from the delivery of the above net gold pelbs

B. On June 12, 2013, around 19:24, the Defendant purchased goods equivalent to KRW 4,650,00 of the market price, such as cans and coffee 1 and diflu tobacco 2 A, in the Hmaart located in Ansan-si G, Anyang-si, and used a lost debit card by presenting the physical card of a national bank in the name of D, such as paragraph (1), to an employee I, and acquired the aforementioned goods from the employees of the above discount set.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment, such as suspect photographs and theft card receipts);

1. Relevant Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act 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. 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;

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