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(영문) 서울중앙지방법원 2019.07.10 2019고정839
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. A theft Defendant: (a) around November 15, 2018, at a gas station located in Gangnam-gu Seoul Metropolitan Government; (b) at a gas station in Gangnam-gu; (c) the victim D put oil in a vehicle on the vehicle; (d) discovered Samsung Card and then stolen it.

2. On November 15, 2018, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) around 21:34, 2018, at F located in Gangnam-gu Seoul, the Defendant presented the victim-in-fact employee the completion of the above D’s credit card as if he was the Defendant’s credit card, and received the said D’s credit card to pay a total of KRW 17,030,030, such as 17,030, such as chisl type, etc., at least four times from that time to 22:25, as indicated in the attached list of crimes, received the stolen credit card.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (in the case of CCTV investigations), investigation reports (related to the submission of details of the use of cards), investigation reports (in the site of gas stations and CCTV investigations);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (a point of use of forced credit card), and selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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