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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. At around 16:00 on October 12, 2013, the Defendant: (a) withdrawn cash from a new bank-free financial branch within the Korea National Tourism Organization, Jung-gu, Seoul Special Metropolitan City; (b) from a cash withdrawal machine where the victim B (n, 47 years old) was located; and (c) stolen it with the said card.
2. The Defendant violated the Fraud and Specialized Credit Financial Business Act at around 18:08 on the same day as set forth in paragraph (1) and 18:08, the Defendant purchased a CD equivalent to the market price of KRW 15,500 at the end point of “Yung Pung Library” located in Jongno-gu Seoul, Jongno-gu, Seoul, and the sum of KRW 36,500, the market price of KRW 21,500 and the sum of KRW 36,500 at the market price. The Defendant, as above, proposed that the said card was the card to be used for his own card, received the payment, received the payment, used the stolen debit card, and used the stolen debit card at least three times by settling the sum of KRW 169,70, and used the stolen debit card.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A written statements;
1. Application of statutes, including a copy of a bankbook and documents attached to a report on internal investigation (related to confirmation at the scene of occurrence);
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (illegal use of debit cards) and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. As to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act at the time of committing the crime, the Defendant alleged that he was in a mental and physical state due to depression at the time of committing the crime. However, in light of the overall circumstances, such as the content of the Defendant’s crime, the background leading up to committing the crime, and the circumstances after committing the crime, the Defendant did not have the ability
(b) the State or a local government-invested institution.