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(영문) 부산지방법원 2015.08.27 2014고단9970
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 November 29, 2014, around 09:47, the Defendant: (a) placed Samsung Credit Card on the victim E’s calculation unit at the victim E stores located in Busan YY-gu C; and (b) cut off the Samsung Credit Card into the malker.

2. Violation of the Specialized Credit Finance Business Act;

A. On November 29, 2014, the Defendant purchased clothes equivalent to KRW 467,00,000 in total, including one punishment, etc. equivalent to KRW 229,00,000, from G clothing stores located in the Y of Busan, at around 12:54, Nov. 29, 2014, the amount of KRW 89,000 in the market value of KRW 1,149,00,000, and settled with the victim E-credit card as above;

B. From November 29, 2014, around 13:00 on the said G clothing store: (a) purchased goods worth KRW 409,000,000 in total, including one 1,29,000, and one clock equivalent to KRW 280,000; (b) used the stolen credit card by settling the stolen victim E’s payment with the said credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Letters on the use of credit cards;

1. Application of Acts and subordinate statutes to each investigation report (No. 3 and 4 No. 5 of the evidence list);

1. Relevant legal provisions on criminal facts, Article 329 of the Criminal Act of the choice of punishment, Article 70(1)3 of the Specialized Credit Financial Business Act, and each of the choice of fines (only several times of punishment for the same kind of crime), and each of the following circumstances are considered in light of the fact that the defendant committed the crime of this case again during the period of repeated crime; however, the amount of illegal use using a stolen card is not much higher than the amount used; the amount used after the crime of this case was returned; the victim was fully returned; the agreement with the victim was reached; the life may be difficult in the current pregnancy period; and the fact that his/her mistake is remarkably divided and reflected);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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