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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is a person who operates F on the 1st underground floor of Incheon Bupyeong-gu E, and Defendant B is a person who works for the office of the above F.
1. The Defendants committed the joint crime of the Defendants: (a) using the state of being drunk by the victim G who was mixed with the said F as a customer to acquire an excessive drinking value; (b) using the victim G, who conspired with the said F, to obtain the drinking value above the drinking value; (c) around 01:00 on March 31, 2018, Defendant A obtained the Defendant F with one head of the Nonghyup Credit Card and its password under the pretext of paying the drinking value from the injured party; and (d) using it, Defendant B, from 01:06 to 01:10,000 won on the same day, withdrawn KRW 1.1 million in total from the said F-related cash withdrawal period to 2:70,000 won; and (e) purchased the frand tobacco at the I convenience store located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu to purchase the said goods using the credit card and then settled the amount of KRW 2,520,00,000,00.
As a result, the Defendants conspired to obtain a total of KRW 1,132,520 property benefit by using the mental or physical disorder of the victim.
2. The sole criminal conduct of Defendant A;
A. On March 31, 2018, the Defendant, such as a computer, obtained a pecuniary benefit of KRW 900,000,000 by inserting the agricultural credit card from the wall of the victim who was divingd by drinking, and then inputting the said FF credit card into the said FF credit card terminal without authority, and making payments by using the said credit card.
B. At around March 31, 2018, the Defendant: (a) stolen the victim’s crebs that the victim was divingd by drinking in F on March 31, 2018; and (b) stolen the victim’s crebs at the market price of KRW 2,00,000,000, which was worn by the victim under other items.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes on card use records;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 348(1) and (2) of the Criminal Act.