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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. On April 15, 2017, around 15:03, the Defendant: (a) discovered a copy of the credit card of our bank owned by the victim B (son, 20 years old) who was on the automatic cash payment machine of 99 banks located outside the Seoul Dongdaemun-gu Seoul Dongdaemun-gu, Seoul; and (b) stolen it without permission by taking advantage of the gaps in which surveillance in the surrounding areas was neglected.
2. Violation of the Act on Financial Business Specializing in credit and fraud;
A. On April 15, 2017, the Defendant purchased newspapers, etc. equivalent to KRW 3,600 from D convenience stores located in Dongdaemun-gu Seoul Metropolitan Government on April 16:37, 201, and presented stolen credit cards to the seller as if he/she were indicated in paragraph 1, thereby allowing the seller to settle the amount equivalent to KRW 3,600.
B. At around 16:41 on the same day, the Defendant purchased 3,500 won from F pharmacies located in Dongdaemun-gu Seoul, Dongdaemun-gu, and illegally used the credit card stolen by the method referred to in the above A.
(c)
At around 16:43 of the same day, the Defendant purchased a hand-kicker protection unit equivalent to KRW 15,000 at the above F pharmacy, and used the stolen credit card in the same manner as the above A.
3. Attempted fraud.
A. On April 15, 2017, the Defendant purchased a stolen credit card of KRW 7,200 from the H convenience store located in Dongdaemun-gu Seoul Metropolitan Government on April 15, 2017, and offered it to a seller as his/her own as if he/she were, but failed to make payment due to the loss report in B, and did not perform an attempted crime.
B. At around 18:00 on the same day, the Defendant purchased 6,700 won or more from Juser in Dongdaemun-gu Seoul, Dongdaemun-gu I, and attempted to make payment by the same method as the above A, but did not commit an attempted act for the same reason.
Summary of Evidence
1. B written statements;
1. A protocol of seizure and a list of seizure;
1. Details of card use;
1. Application of the Acts and subordinate statutes to photograph seized objects, a photograph of on-site CCTVs;
1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (the intention of Section 3) of the Criminal Act;