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(영문) 서울남부지방법원 2013.07.11 2013고단1552
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant is a person who was engaged in construction business with the victim B.

At around 04:00 on January 12, 2013, the Defendant: (a) knew of the fact that the victim B was placed in the 3599 Sinkdong-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul by using the key in which the victim B was parked in the 3599, and opened a door of the said cargo vehicle using the key in advance; and (b) committed theft with one copy of the Agricultural Credit Card Co., Ltd. and one credit card owned by the victim B, and one copy of the victim B’s wife D.

2. Larceny and violation of the Specialized Credit Finance Business Act;

A. On January 12, 2013, around 05:41, 201, the Defendant injectedd the credit card of D’s national, which was stolen as above, into the cash automatic withdrawal machine managed by the Victim Donet (CASHNET) installed in front of F real estate located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and then divided the cash service server and withdrawn the password of KRW 300,000,000 in cash from that time to 05:48 on the same day, and used the stolen credit card.

B. On January 12, 2013, at around 06:24, the Defendant, as seen above, inputd the Defendant’s credit card of the Plaintiff, which was set up in front of the H convenience store located in Guro-gu Seoul Metropolitan Government, and then withdrawn KRW 1,200,000 in cash on four occasions from that time to that time, including the sum of KRW 1,20,000 in cash from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant legal provisions concerning facts constituting an offense - thief: Article 329 of the Criminal Act - Use of a theft card: Article 70 (1) 3 of the Specialized Credit Financial Business Act (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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