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(영문) 수원지방법원 2013.07.26 2012고정3389
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 23:50 on December 26, 2011, the Defendant: (a) cut off the victim D’s cash amounting to KRW 78,000 and KRW 400,000,000 in the market price consisting of one Samsung Credit Card, etc., located below the 33th chair located on the second floor of the building B in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu; and (b) stolen the theft with half-brupted mods that amount to KRW 4

2. On December 27, 2011, the Defendant issued an order for alcohol and alcohol to the victim G, an employee of the “Fju store” located in Dong-gu, Nam-gu, Dong-gu, Seoul Special Metropolitan City on December 27, 2011, by presenting the stolen Samsung Credit Card as if it were one’s own credit card.

The Defendant, by deceiving the victim as such, received from the victim an alcoholic beverage and a share equivalent to KRW 145,00,00 from the victim's place, and acquired it by deception.

3. The Defendant violated the Specialized Credit Financial Business Act, at the time and place specified in paragraph (2) above, used a stolen credit card by settling the payment of the drinking value equivalent to KRW 145,00 with the credit card in the name of the stolen victim as stated in paragraph (1) above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. G statements;

1. Details of card use;

1. Application of Acts and subordinate statutes to suspect,CCTV video materials (F Points);

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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