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(영문) 서울서부지방법원 2015.06.10 2015고정440
절도등
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

1. On November 16, 2014, the Defendant discovered that the victim D was leashing in the upper end of Yongsan-gu Seoul, Yongsan-gu, Seoul and found that the victim D was leashing with a black bamboo thicker, and followed up the 10,000 won, which contained 3 points in the bank passbook, 3 points in the bank account, 3 points in the key, 1 point in the bank bank account, 1 point in the market value, 10,000 won, and 10,000 won in the sports visibility of 50,000 won, 1,000 won in the market value, and 10,000 won in the color of the new bank account, and 3 points in the bank account, 3 points in the key, 3 points, and 1,000 won in the market value.

2. Attempted fraud;

A. On November 16, 2014, the Defendant, at around 22:02, intended to pay a sum of KRW 6,000 with a credit card of a foreign exchange bank owned by the victim, which was stolen within Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as Yongsan-gu), but refused approval.

B. On November 16, 2014, the Defendant, at around 22:23, 201, attempted to pay KRW 5,000 for alcoholic beverage costs using a credit card of a foreign exchange bank owned by the victim, which was stolen, as prescribed in paragraph (1), from the main point of view of “F” located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu. However, the Defendant refused approval.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (before and after the commission of an offense), investigation (in the course of criminal investigation), investigation reporting (in the use of a card);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 352 and 347 (1) of the Criminal Act, and the choice of fines for negligence;

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;

1. The punishment as ordered shall be determined by taking into consideration the age, character, conduct and environment, etc. of the defendant, including the fact that the defendant is led to confession and reflects on the reason of sentencing under Article 334 (1) of the Criminal Procedure Act.

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