Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal records] On March 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for fraud and other crimes at the Seoul Western District Court and eight months of imprisonment with prison labor, which became final and conclusive on September 9, 2016. On May 23, 2017, the Defendant was sentenced to imprisonment with prison labor for an attempted crime, etc. at the Ulsan District Court, and the judgment became final and conclusive on June 13, 2017.
[Criminal facts]
1. On August 16, 2015, from around 03:00 to around 05:30 of the same day, the Defendant stolen a credit card between toilets by setting the cell phone with a credit card on the cell phone case where the victim was placed in the instant mobile phone case, among the following: (a) in the singing practice room in Goyangyang-gu, Goyang-gu B, Seoyang-gu; (b) in the singing practice room VIP room, the victim was a mixed customer; and (c) in the instant case, the victim was able to come to a mixed customer, and (d) the Defendant
2. On August 16, 2015, the Defendant violated the Act on Fraudulent and Credit Financial Business: (a) settled the fee for singing practice room in an amount equivalent to KRW 220,000 at the same place; (b) paid the said fee by using the credit card in the name of the stolen DNA; and (c) took economic benefits equivalent to the said amount.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Each protocol concerning the examination of suspect of the police against E or D;
1. A copy of a credit card settlement receipt;
1. Previous convictions: Application of inquiries about criminal history, search and text of each case (Seoul Western District Court Decision 2015 High Court Order 2351 High Court Order 2015 High Court Order 2017 High Court Order 362) Acts and subordinate statutes;
1. Relevant Article 329 of the Criminal Act, Articles 329 and 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 stolen cards), and the selection of fines, respectively;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;