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(영문) 서울서부지방법원 2019.11.26 2019고정660
절도등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

1. At around 12:05 on May 25, 2019, the Defendant, within Mapo-gu Seoul Mapo-gu, stolen: (a) committed a theft by taking the victim D’s cream cards on the above convenience point calculation unit; (b) brought about a gap in the employee’s supervision over convenience stores.

2. The Defendant violated the Act on Specialized Credit Financial Services and Credit Financial Services, as described in paragraph (1), presented that he had completed the e-mail card of the stolen victim as if he had been entitled to use the e-mail card, and that e-mail was purchased from employees E of the above convenience store, and used the lost e-mail card unlawfully by settling KRW 1,900, and at the same time, took property profits equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness E;

1. Written statements of D;

1. The result of the reproduction and viewing of on-site CCTV CDs [the defendant alleged that he/she was aware of the instant e-mail, but the defendant was aware of the evidence adopted and investigated by this court, he/she requested the employees to acquire the e-mail card in cash, and then make a request for the calculation of the e-mail card with the e-mail card, as well as for the confirmation of how money was paid to the e-mail, and the defendant purchased the e-mail in cash from the e-mail store prior to the instant case, in light of the fact that he/she purchased the e-mail in cash at the e-mail store, fraud, and violation of the Specialized Credit Financial Business Act, the defendant's assertion is not accepted.]

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

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Specialized Credit Finance Business Act which is the largest penalty);

1. Attraction of a workhouse: Article 70 of the Criminal Act.

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