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(영문) 서울서부지방법원 2015.08.11 2015고정857
절도등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 5, 2015, at around 03:15, the Defendant: (a) collected the key of the victim’s custody box from the first floor underground in Mapo-gu Seoul Metropolitan Government to keep the victim’s D goods; (b) collected the keys of the goods kept on his/her table by using the gaps in surveillance between the victim’s dancing and stored the goods; and (c) cut off one wall (including approximately 50,000 won in cash, and four credit cards, etc.) at the market price of the victim’s possession, which is equivalent to KRW 140,00,000.

2. On January 5, 2015, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased alcoholic beverages 4-related diseases at the F convenience store operated by the non-member of the victim’s name in Mapo-gu; (b) on January 5, 2015, the Defendant took a theft of the said D-related foreign exchange bank credit card (credit number omitted) as above; (c) however, (d) as if the said card was a legitimate holder of the said card, the Defendant issued the said card to G who is an employee, and (d) had the victim pay 14,600 won in the said card, thereby getting the victim’s financial gains to be exempted from paying the said amount; and (e) used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D or G preparation;

1. Application of the Acts and subordinate statutes to a investigation report (C mobile investigation), investigation report (the F convenience point search and investigation), investigation report (the investigation of sales slips conducted by suspects) and investigation report (the investigation of sales slips conducted by suspects);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and selection of fines, respectively;

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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