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(영문) 서울서부지방법원 2016.09.29 2016고단857

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 857"

1. The Defendant embezzlement of the deserted articles in possession on March 6, 2016, at around 00:45, the victim’s “E” in front of D’ in Mapo-gu Seoul Mapo-gu Seoul, and the lost mobile phone and the mobile phone case.

America credit card 1, 1, student card 1, 3, 40,00 won in cash.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On March 6, 2016, around 01:10, the Defendant presented the credit card acquired from G convenience stores located in Mapo-gu Seoul Mapo-gu Seoul, to the employees of the above convenience store in name, as if he were his card, and purchased goods worth KRW 4,500.

Accordingly, the defendant deceiving the employees of the above convenience store and acquired the goods equivalent to the same amount from the victim H, the head of the convenience store, and used the lost credit card.

B. The Defendant, after boarding a taxi at the same date and place as above, paid KRW 3,600 of the taxi rate by presenting the credit card acquired as above to his name-free taxi driver as if he were his card.

Accordingly, the defendant deceivings the above victim to take over the property profits equivalent to the same amount and used lost credit cards.

3. Violation of Acts of finance business specializing in fraud using computers and other credit;

A. On March 6, 2016, around 01:15, the Defendant: (a) placed the e-mail card acquired in the 1st underground floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, on an automatic settlement date card box; (b) charged the right to use 30,000 won by settling the e-mail card; (c) saved the information without authority into the information processing device, such as computer, and made the victim process the information without authority; and (d) obtained the equivalent pecuniary benefits from the said e-mail owner at the time of the occurrence of the damage; and (e) used the lost debit card.

B. The Defendant around March 6, 2016 around 01:15.