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(영문) 서울동부지방법원 2016.02.17 2015고정19
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on October 17, 2014 and the said judgment became final and conclusive on October 25, 2014.

1. On March 16, 2014, between 02:00 and 07:00, the Defendant used the gap in cash of KRW 700,00,00 (50,00 won) in the wall of the victim’s wall located on the table, while drinking together with the victim E at the main point of “D” located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the defendant stolen the victim's property.

2. The Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, shall take out a new bank cream card belonging to E using the gaps in which E is locked at the main outlet due to the influence of alcohol at the time and place specified in paragraph (1).

In calculating the drinking value, he/she presented it to an employee whose name is unknown as he/she is the legitimate holder of the above physical card and presented it to the employee who is unable to know his/her name as he/she is the legitimate holder of the above physical card, and paid 0,000 won in 04:08 on the same day, and 07:11 on the same day, thereby acquiring the same amount of financial benefits and using the stolen physical card.

Summary of Evidence

1. Statement of witness E in the witness examination protocol outside the trial date;

1. Statement made by the prosecution against E;

1. Field map;

1. Details on the use of the check card;

1. Previous convictions indicated in the judgment: Inquiry about criminal history (the list of evidence Nos. 26), application of Acts and subordinate statutes to investigation reports (related to final and conclusive judgments

1. Article 329 of the Criminal Act applicable to criminal facts, Article 329 of the choice of punishment (abstinence, a fine) of the Criminal Act, Article 347(1) of the Criminal Act (the selection of fines and fines), and Article 70(1)3 of the Act on Specialized Credit Financial Business (Article 70(1)3 of the Act on Specialized Credit Financial Business) provides that a person who uses lost or stolen credit cards shall be punished. Here, the lost or stolen credit card is left away from his/her possession without being expressed by the owner or possessor.

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