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(영문) 인천지방법원 2017.01.25 2016고단7224
절도등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 19, 2016, at around 19:30, the Defendant: (a) purchased a 13,000 won in cash owned by the victim; and (b) one copy in a new card from the victim’s household located on the victim’s home at his/her seat, which was located on the victim’s seat, located on the victim’s home page No. 38 of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; (c) around 19:37, August 19, 2016, the Defendant settled the account by presenting the victim’s credit card in his/her name, as if he/she purchased one 1,300 ice c, which was the victim’s credit card.

The Defendant received from the injured party one 1,300 won of the market price from the damaged party, and acquired it by fraud, and used stolen credit cards.

(B) On August 19, 2016, the Defendant purchased goods equivalent to KRW 5,500, such as tobacco, at the I convenience store working for the victim H located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and paid the amount by presenting the stolen C card to the victim as if it were his own credit card.

The defendant acquired goods such as tobacco equivalent to the market price of 5,500 won from the injured party and used stolen credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to text messages of card details;

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

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act is a crime during the period of repeated crime, the amount of damage is minor and the damage is recovered.

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