logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.05 2015고정2717
장물취득등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to punishment of 8 months of imprisonment and 2 years of suspended execution at the Busan District Court for the crime of interference with business, etc., and the judgment became final and conclusive on October 24, 2014.

1. Around 23:00 on August 10, 2014, the Defendant acquired a copy of credit card C owned by the victim, who was aware that B was in the same o’clock on the same day from the subway station located in the subway station in Busan Dongdong-gu, Busan, with the knowledge that it was a stolen.

2. On August 10, 2014, the Defendant violated the Fraud and the Specialized Credit Finance Business Act (hereinafter “Specialized Credit Financial Business Act”) used the credit card lost by purchasing tenant, etc. at the E convenience store located in Busan, Busan, by settling KRW 6,600 with the above credit card, and by deceiving the person who was an employee of the above convenience store, and by deceiving the person who was not killed with the name, who was an employee of the above convenience store, received a lawsuit, etc. equivalent to the same amount. From that time until August 23, 2014, the Defendant used the credit card which was lost by settling the sum of KRW 1,054,690 in total on 39 occasions, as shown in the list of offenses, and acquired property or property gains equivalent to the same amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. Statement to C by the police;

1. Details of unlawful use and investigation report (related to the confirmation of items illegally used);

1. Previous convictions in judgment: Before and after disposition, reporting the results of confirmation, and applying Acts and subordinate statutes to investigation reports (Attachment to relevant judgments);

1. Relevant legal provisions concerning facts constituting an offense, Article 362(1) of the Criminal Act (the acquisition of stolens), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Specialized Credit Financial Business Act, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;

arrow