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(영문) 광주지방법원 장흥지원 2021.02.18 2020고정43
절도등
Text

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 thief: (a) around June 13, 2020, the Defendant stolen the thief, with one bC credit card box in the name of the victim, which was kept in custody of the crepane’s loss in a crepane in the crepane room located in Jinjin-gun B located in Jinjin-gun, Namjin-gun on June 13, 2020; and (b) had one bC credit card box in the name of the victim.

2. The defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, at around 14:3 on June 14, 2020, by presenting as if he had a legitimate right to use the NAC credit card in the name of the victim, which was stolen, as described in paragraph (1), at a bus terminal around 14:33 on June 14, 2020, deceiving the victim's non-existence of name, thereby allowing the victim to settle one ticket of an express bus equivalent to KRW 24,00, in excess of 2400.

7. up to 13. A total of 620,900 won was settled over 29 times, as shown in the annexed List of Crimes, and the amount was obtained by defrauding and using stolen credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to receipts using cards, details of approval of cards, investigation reports (Attachment of photographs on cards);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (a) of the choice of punishment for an offense, Article 347 of the Criminal Act, Article 347(1) of the Criminal Act (a point of fraud), and Article 70(1)3 of the Act on Financial Business Specializing in Credit Business (a point of use of stolen credit cards);

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 on confinement in a workhouse (where a sentence of suspension of execution becomes void or revoked and a defendant fails to pay a fine);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the agreement with the victim and the age of the defendant);

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