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(영문) 대구지방법원 김천지원 2017.11.23 2017고정371
절도등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Daegu District Court Kimcheon Branch on February 16, 2017, and the judgment became final and conclusive on February 24, 2017.

1. On December 16, 2016, the Defendant: (a) stolen a theft with one copy of the Victim’s Body C Card, which is the victim’s possession of the victim, by using the gaps in which the victim D was under influence of alcohol at the OOel; and (b) the victim’s wall card, which was located in the victim’s wall.

2. Violation of the Act on Financial Business Specializing in Credit, and fraud, at the convenience point of "F in Suwon-si E on December 16, 2016, around 11:47, 2016, the Defendant presented a e-mail card to the employees of convenience stores in name, while the Defendant, as if the Defendant was the legitimate holder of the e-mail card of our bank owned by Korea, which was stolen, as described in paragraph 1.

The Defendant: (a) by deceiving the employees of convenience stores as above; (b) obtained 2 A tobacco equivalent to the total market value of KRW 9,000,000, which is the owner of the victim’s name and the owner of the convenience store; (c) obtained 383,300,000 from around the same day to 20:08 of the same day; (d) obtained 383,300,000 won in total, as indicated in the list of crimes, and used the stolen check.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of G, H and I;

1. Report of investigation (specific suspect);

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 use of each stolen credit card), and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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