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(영문) 부산지방법원 2017.07.06 2017고정595
절도등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

1) The facts charged were revised to the extent that it does not infringe on the Defendant’s substantial right of defense.

1. Larceny;

A. On November 9, 2016, around 01:27, the Defendant: (a) at D gas station located in Busanan-gu, Busan-si; (b) around 01:11 on the same day, the Victim E, using a credit card (new card F) in his name, found that the said credit card was left at a match; and (c) was stolen. (b) At the above D gas station operated by the victim G, the Defendant inserted the credit card under the name of E, which was stolen, into the said D gas station, and stolen it by paying a 50,000 won gasoline owned by the victim to the Defendant’s vehicle.

2. The Defendant violated the Act on Financial Business Specializing in Credit was using the stolen E’s credit card as stated in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. A E-document;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as a photograph of crime (CCTV), investigation report (Attachment to a sales slips), and confirmation photograph on the site of a gas station;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and the choice of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant guilty of Article 186(1) of the Criminal Procedure Act asserts that the defendant's credit card of the victim E (hereinafter "the victim") may be inserted into a liquor abandonment, and that the defendant's credit card was settled by the victim's credit card with the victim's credit card on the wind of inserting the defendant's credit card, and that the victim did not have any intention to share gasoline by theft of the victim's credit card or by using it.

However, such a state credit card.

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