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(영문) 의정부지방법원 2018.08.16 2018고정164
여신전문금융업법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a deaf-mute of class 1 with hearing and language disability.

1. On May 8, 2017, the Defendant violated the Act on the Financial Business Specializing in Credit and the Act and the Defendant was using the stolen credit card from April 20, 2017 to May 7, 2017, under the name of F, which was stolen from E, by purchasing a five-way credit card of an amount equivalent to KRW 2,970,000 at the market price of Gui-si C, and became “I” a victim G member store using a credit card (Attachment No. 75 related to the attached crime list No. 75). The Defendant settled to the Defendant by presenting that he was his card, and was using the stolen credit card from April 20, 2017 to May 8, 2017, and received the stolen credit card equivalent to KRW 4,3370,00 in total from July 7, 2017, as indicated in the attached list of crimes.

2. On May 8, 2017, the Defendant driven a motor device driver’s license in the section of approximately 3 km from D to Guri-si, Siri-si, Siri-si, via Guri-si viewing on May 12:50, 201, and the Defendant driven a H 125 cc Oral Seaba without obtaining a bicycle driver’s license in the section of approximately 3 km front of Guri-si, Siri-si, Siri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each protocol of seizure and each list of seizure;

1. Investigation report (or relative investigation of victims of a cards) and investigation report (to be attached as a result of the execution of a card warrant);

1. The application of the 112 reported case processing book, the photographs and receipts of damaged articles, on-site photographs, and the Acts and subordinate statutes governing damaged articles;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Financial Business for each Credit, Article 154 (1) 2 and 43 of the Road Traffic Act, and the selection of fines;

1. Articles 11 and 55 (1) 6 of the Criminal Act to mitigate deaf-mutes;

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. The Criminal Procedure Act of the Provisional Payment Order.

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