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(영문) 수원지방법원 안양지원 2015.05.28 2015고정268
여신전문금융업법위반등
Text

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. At around 07:10 on November 7, 2014, the Defendant embezzled, without following the necessary procedures, he/she had his/her thought to have possession, without following the following procedures: (a) the Defendant: (b) who was operating a road in front of the Annyang-gu Mayang-gu Manyang-gu Manyang-si; (c) Company Bank BC Card No. 2C Card No. 1; (d) KB Card No. 1; and (e) return to the victim; and (e) he/she embezzled it.

2. Around 07:12 on the same day as the preceding paragraph, the Defendant violated the Credit Specialized Credit Business Act: (a) settled the taxi fare of KRW 35,00 with D Company Bank BC card obtained as the preceding paragraph; and (b) purchased an excess amount of KRW 55,00 from FE in Ansan-gu, Mayang-si, Mayang-si, An amount of KRW 00,000 from D’s 1SK card, and used each credit card acquired and lost the same as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on cards receipt and transaction details;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act that prescribes the punishment (the point of embezzlement of stolen articles, the choice of fines), and Article 70 (1) 3 of the Act on Specialized Credit Financial Transactions (the point of using a lost 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. 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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