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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who has weak ability to discern things or make decisions due to mental illness, such as stimulative disorder, damage, degradation of recognition function, etc.
1. A thief: (a) around December 31, 2015, the Defendant: (b) boarded a taxi in the back seat of the 180-base, Seoul Mapo-gu, Seoul Mapo-gu, 180,000 won in cash owned by the victim D; (c) one card; (d) one card; (d) one card; (e) one card; (e) three new cards; (e) one card; (e) one card; and (e) one copy of the post office card; and (e) one copy of the driver’s license.
2. The Defendant was willing to pay taxi charges and lodging expenses using a stolen debit card as above, in violation of the Act on Financial Business Specializing in Fraud and Credit.
A. On December 31, 2015, the Defendant, at around 08:50, paid KRW 60,000 of the taxi fares by presenting the aforementioned “one card” as if the Defendant was a genuine owner, even though the taxi driver was a stolen debit card, at a place where it is not known of Incheon, at around 08:50, the Defendant was a taxi driver.
B. The Defendant continued to pay KRW 30,000 of taxi charges by using a taxi on the same day at around 09:43 on the same day.
(c)
At around 13:11 on the same day, the Defendant presented the above “National Card” to the victim G in the same manner, and settled the amount of KRW 1.50,000 for accommodation expenses.
Accordingly, the defendant, by deceiving victims, acquired financial benefits and used stolen debit cards.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to D, G, or C;
1. A protocol of seizure and a list of seizure;
1. A criminal investigation report (cases concerning seized cards);
1. Application of Acts and subordinate statutes to receipts and photographs of seized articles;
1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of punishment (Section 3) of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit (the use of stolen debit cards).