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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. A theft Defendant: (a) around 06:56 on December 6, 2017, the victim C used cash withdrawal machines and discovered and stolen the victim’s hand-crow card; (b) discovered the victim’s hand-crow card; and (c) stolen it.
2. On December 6, 2017, at around 07:05, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant purchased Maart, armored Ma, Mas, etc. from the victim E at Jeju, and presented the stolen gar card to the victim as if he was the Defendant’s card, and received the Defendant’s card as if she was the Defendant’s card and received the Defendant’s card, and then received the Defendant’s 22,000 won total of the market price from the damaged party, and then used the stolen Ba at least seven times by deceiving the victims by the same method as indicated in the list of crimes, from that time until 07:52 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Images by cutting down a CCTV on the surface of a duke card;
1. Application of Acts and subordinate statutes on transactions of postal cards;
1. Relevant legal provisions for facts constituting an offense, Article 329 of the Criminal Act (Section 329 of the Act), Article 347 of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Specialized Financial Business (the point of fraud, including the point of use by credit card fraud), and the choice of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The reasons for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order, the motive and circumstance of the crime, and the agreement with the victim of larceny that the victim did not want to be punished by the defendant, and most of the victims of the crime were agreed to be punished by the defendant, the defendant has no record of punishment in the Republic of Korea, and all other circumstances constituting the conditions for sentencing, including the defendant's age, environment, and circumstances after the crime, shall be determined