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Defendant shall be punished by a fine of KRW 800,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. A thief: (a) around 08:30 on January 15, 2013, the Defendant: (b) cut off a copy of the KBC Card, which was contained in the victim E (Korean name: F) off, within the escape room of the “D” located in Mapo-si, Mapo-si; and (c) was stolen by taking off a copy of the KBC Card.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. On January 15, 2013, at H convenience points located in Pyeongtaek-si G around 09:29, the Defendant purchased one cigarette and beverage amounting to 28,550 won in total from his name-free employees, and had the said employee present one copy of the KBC card in the name of E that stolen, as if the Defendant was E, and then had the said employee prepare 28,550 won in 28,550 won in e-mail card, and then signed the signature column for the sales slip, and then received one cigarette and beverage receipt from the said employee.
B. On January 15, 2013, around 10:36, 2013, the Defendant: (a) presented a copy of the KBC Card in the name of E that was stolen to the said employee as if the Defendant had the said employee E; (b) signed the sales slip signature; (c) used the e-mail card that was stolen to the said employee; and (d) obtained 354,500 won exemption from the mobile phone fee from the said employee; and (c) obtained financial benefits equivalent to the said amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a copy of a damage card and passbook transaction;
1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act selection of punishment, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud, Selection of Fines) and Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of an interrupted card, the selection of fines);
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;