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(영문) 서울서부지방법원 2018.01.24 2017고단3125
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner with a strong nationality of the steel, who was admitted to a short-term visit (C3) on April 16, 2017, and the status of stay on July 15, 2017 is terminated.

1. Larceny;

A. The Defendant, at around 02:42 on May 14, 2017, at the main point of the trade name, “D” located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the Defendant taken up one panx 2 mobilephone in the market value equivalent to KRW 300,000,000, the victim’s market value, which is the victim’s possession, located in the Handba card held by the victim E.

In other words, they stolen them.

B. On June 10, 2017, at around 01:00, the Defendant: (a) committed a theft from the main point of the trade name “G” located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu; (b) one cell phone with a phone of 1.180,000 won at the market price on which the victim H located on the table; (c) one cell phone with a phone of 7,000,000 won at the market price on which one copy of the card is located; and (d) one cell phone with a car of 400,000 won at the market price on which one copy of the

2. On June 10, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased goods equivalent to KRW 4,500 from “J Et” located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) and paid the price by using one card; (c) around 03:38 on the same day, the Defendant purchased goods equivalent to KRW 4,50,000 from “L” located in the above K; (d) around 03:42 on the same day; and (e) around 03:52 on the same day, the Defendant settled the price with the above credit card, respectively, by purchasing goods equivalent to KRW 125,100 from “N” located in the above M, including KRW 96,00,000.

Accordingly, the Defendant used the stolen credit cards for a total of four occasions as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A H statement;

1. Application of the Acts and subordinate statutes on receipts of each credit card and approval slips;

1. Relevant Article 329 of the Criminal Act concerning facts constituting an offense, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit (the use of each stolen credit card) and the selection of each imprisonment with prison labor;

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. Suspension of execution;

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