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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On November 18, 2017, the Defendant: (a) stolen a victim’s physical fitness card owned by the victim B, which was placed at a cash withdrawal point located in the Gu-U.S. 87-1 located in the Gu-U.S. Do-U.S. 87-1 at the Gu-U.S. Do-U.S. 87-1 center; and (b) stolen it by means of a cresh of monitoring around it.
2. On November 19, 2017, at around 03:30 on November 19, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) ordered the victim’s Eran tavern operated in Kimcheon-si (hereinafter referred to as Kimcheon-si) to provide the victim with an order of six parallel weeks equivalent to a total market value of KRW 20,000; and (b) provided it to the damaged party; (c) obtained pecuniary benefits equivalent to the same amount by suggesting the completion of the passenger physical card as the Defendant’s physical card as if it was the Defendant’s physical card; and (d) using stolen debit cards.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to internal investigation reports (with respect to e-mail slips), investigation reports (with respect to the capture ofCCTV video data and the attachment of back-to-date CDs), investigation reports, and investigation results reports;
1. Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen debit cards) for facts constituting an offense;
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;