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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. From around 23:00 on September 8, 2019 to 08:00 the following day, the Defendant: (a) performed drinking as well as the victim D in B building B in Chuncheon City B from around 23:00 to around 08:00, the Defendant stolen, with one driver’s license owned by the victim in the case using the gaps in which the victim was locked; (b) one driver’s license in the case; and (c) one driver’s license in the market price consisting of 1,400,000 won in the agricultural debit card.
2. On September 14, 2019, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) purchased a small-scale Category 1 C at the F convenience store located in Chuncheon-si, Incheon-si; (b) made a payment by suggesting that there was a legitimate right to use the stolen credit card under the name of the victim G, who is an employee of the relevant location, as described in paragraph (1); and (c) received a delivery of KRW 1,600 from the damaged person at the market price.
Accordingly, the defendant, by deceiving the victim, received property and used stolen debit cards.
Summary of Evidence
1. Each legal statement of D and G;
1. A report on investigation (Attachment of data submitted to a victim);
1. Application of related Acts and subordinate statutes to photographs;
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 (the fraud point), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen debit cards) and the selection of fines;
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;