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(영문) 서울중앙지방법원 2020.10.23 2020고정1486

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who lives in Jongno-gu Mangsa, Jongno-gu without a fixed residence.

1. On February 24, 2020, the Defendant acquired on February 24, 2020, 200, on the front day of the C main store located in Jongno-gu Seoul, Jongno-gu, Seoul, the Defendant acquired the Victim D Track Card 2, Kakao Bank CC Card 1, and Kack KON Ack KON-based card 1.

The Defendant, without returning the goods acquired as above to the victim or taking necessary procedures, embezzled the goods he had on his own mind.

2. On February 24, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 03:20 on February 24, 2020, the Defendant, as if he had legitimate right to use at Jongno-gu Seoul E and the first floor F convenience stores, belonged to the victim G (ma, 31 years of age) and, (b) obtained the above “A” and acquired the above credit card by means of the Agricultural Cooperatives Card (H), which acquired the market price of KRW 4,500 in excess of KRW 4,50; and (c) acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the CCTV photograph data of each written statement D and G, and the Acts and subordinate statutes on credit card transfer fees;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegality of lost card), and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;