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(영문) 대전지방법원 2017.07.21 2016고정829
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 14, 2013, at around 05:50, the Defendant: (a) while serving as an employee of a “C” restaurant located in Daejeon Pungdong-gu B, the Defendant: (b) went into a guest room with the damaged customer D, and stolen the Chapter 1 of the SK Credit Card.

2. The Defendant, from around 06:15 to around 06:19 on the same day, inputd D’s credit card at the convenience store located near the above massage practice center as set forth in paragraph 1. On four occasions as set forth in paragraph 1, and withdrawn KRW 2.8 million over four occasions. On the same day, around 07:49 on the same day, the Defendant continued to withdraw KRW 1,80,000 from the date of cash withdrawal at the Seocheon-gu Seocheon-dong, Daejeon-gu, Daejeon and then stolen KRW 3,80,000 in total against the will of the manager to withdraw in cash.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. D's written confirmation;

1. Application of Acts and subordinate statutes on credit card transactions;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of fines for each Article of the same Act (abstinance of intention), and the choice of fines;

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. 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 concerning the order of provisional payment;

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