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(영문) 인천지방법원 2019.01.21 2018고정1950
절도등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A theft Defendant: (a) around 09:30 on September 25, 2017, at Cjuju station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) at the victim D, after the victim D’s settlement of the principal oil payment from the Clostical abandonment, cut off the E Welfare Card (F) by sticking it to the card insertion box after paying the principal oil.

2. Violation of the Specialized Credit Finance Business Act;

A. On September 25, 2017, around 09:36, the Defendant used a stolen credit card by paying 20,000 won to G AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C

B. On September 25, 2017, around 09:50, the Defendant used a stolen credit card by paying the price to the E Welfare Card, which was stolen, as in paragraph (1), at the International Oil Station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Written statements of D;

1. A certificate of the details of use of credit cards, CCTV image editing data at the site of the case;

1. Application of Acts and subordinate statutes of each internal investigation report (No. 4,7) and investigation report (No. 11)

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act selection of punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 (1) 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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