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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who is unemployed in his/her residence.
1. Although the Defendant in violation of the Act on Special Cases concerning Credit Financial Business stated in the indictment “as of March 1, 2016, around 00:37,” the Defendant appears to be a clerical error in the indictment “as of March 1, 2016.” However, the Defendant finally settled KRW 300,000 on March 2, 2016 and settled KRW 80,000,000 in total, around 0:37, 2016, which appears to be a clerical error in the indictment “as of March 2, 2016.”
Article 70(1)3 of the Act on Special Cases concerning Credit Business, which provides that a person who uses a lost or stolen credit card, shall be punished for drinking 800,000 won of the price at the D’s main entertainment point located in Chuncheon City. Here, the lost or stolen credit card refers to a credit card that is missing or stolen without the owner or possessor’s intent, or whose possession is excluded against his/her will, and it does not necessarily require a person who has acquired or excluded from his/her possession of the credit card that has been occupied by the owner or possessor, or who has acquired or excluded from his/her possession, shall not be punished for conviction (see Supreme Court Decision 9Do857, Jul. 9, 199, etc.).
Accordingly, the Defendant used the lost credit card of another person unlawfully.
2. On March 2, 2016, the Defendant attempted to commit fraud: (a) presented the instant credit card, which was lost while purchasing one Vienna (4,000 Won) from the standpoint of having no intent or ability to pay the price to his/her employees H (51 3) within the trade name G Et in Chuncheon-si F; and (b) attempted to receive the said credit card as a stolen-reported credit card relationship.
3. Around 01:55 on the same day, the Defendant continued to use a lost card, such as the foregoing paragraph (2) above, at around 01:2 on the same day, sent out to the site by the staff member’s report on the use of the card, and at the same time he expressed his desire to ask for the use of the card, and two times the J’s part of the card was drinking.
This is to prevent crimes.