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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On September 9, 2013, the Defendant: (a) obtained one copy of the KB national card owned by the victim D, and returned it to the victim in the vicinity of the Daegu Dong-gu Hospital; (b) did not take necessary procedures; and (c) did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On September 9, 2013, around 21:54, the Defendant purchased goods in the vicinity of the C Hospital as described in paragraph (1), and thereafter, presented the national card in the name of D embezzled as stated in paragraph (1), as if he/she was duly entitled to use the card, and paid the price to the above E Convenience store, and then purchased goods 1,016,320 won through the same method as indicated in the attached list of crimes.
Accordingly, the defendant was provided property by deceiving the victims.
3. The Defendant in violation of the Specialized Credit Financial Business Act used the stolen credit card in the name of D, such as the date and place mentioned in paragraph (2).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to data on credit card sales (11 pages of evidence), receipts, investigation reports (Attachment of data verifying the occurrence of credit card sales), and data on credit card sales (30 pages of evidence);
1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of unlawful use of credit card), and selection of fines;
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 former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;