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(영문) 부산지방법원 2014.08.07 2014고단4875
절도등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a thief between the victim B and the D gas station located in Busan Sho-gu C with the knowledge of the fact that the Defendant works as the same gas station.

On November 7, 2012, the Defendant, within the gas station, stolen a new bank credit card owned by the victim, which was located in the victim's bank due to the distortion of surveillance by the victim.

2. On November 7, 2012, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased one F1 amount equivalent to KRW 998,00 from the victim G to the F store located in Busan Jin-gu, Busan; (b) obtained approval from the victim G of the purchase of one F amount equivalent to the market price of KRW 998,00; and (c) obtained approval from the victim by means of obtaining approval of the price with the credit card in the above B’s name, as he/she was the legitimate licensee

3. On December 10, 2012, the Defendant violated the Act on Fraud by Use of Computer, etc. and Specialized Credit Financial Business: (a) purchased merchandise coupons; (b) obtained pecuniary benefits through making settlement of 3,400,000 won through 18 times using a credit card number, which was the Internet settlement means that the victim came to know while attempting to purchase goods with a credit card, as in the foregoing paragraph (1), and by using a password, which was the Internet settlement means that the previous victim came to know while purchasing goods with a credit card; and (c) possessed another person’s credit card information identified by fraud or other improper means by using the information of the credit card, or traded with the credit card by using it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on the details of general transactions;

1. Relevant Article of the Criminal Act, Articles 329, 347 (1) and 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, and the choice of imprisonment, respectively;

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

1. The suspended execution is the white and reflective nature of a crime under Article 62(1) of the Criminal Act, the damage is relatively minor, and the defendant is the defendant.

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