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(영문) 광주지방법원 2015.01.28 2014고정2259
여신전문금융업법위반등
Text

Punishment against the Defendants shall be prescribed as a fine of one million won.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. At around 10:00 on July 23, 2014, the Defendants: (a) conspired to acquire the debit cards owned by the victim D and did not take necessary procedures, such as returning them to the victim; (b) embezzled on the front side of the Dong-gu Gwangju metropolitan City, Gwangju, without following the necessary procedures.

2. On July 23, 2014, Defendants in violation of the Specialized Credit Financial Business Act conspired to purchase steel products worth 33,000 won at F pharmacies in Gwangju-dong-gu, Gwangju-gu, and used a lost debit card from that time to August 2, 2014 by purchasing goods worth 3,415,960 won in total from that time on 40 occasions, as indicated in the separate crime list, and using each of the aforementioned used a lost debit card by settling the payment by using the embezzled victim’s debit card.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the Defendants

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

1. Article applicable to the facts constituting the crime and the choice of punishment (for the accused, against the accused);

(a) The point of public offering of judgment: Articles 360(1) and 30 of the Criminal Act;

(b) Use of a debit card which has been publicly offered or lost: Articles 70 (1) 3 and 30 of the Specialized Credit Finance Business Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, respectively, against the accused;

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