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(영문) 서울중앙지방법원 2013.09.12 2013고정3275

점유이탈물횡령등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 23:00 on April 21, 2013, the Defendant acquired one copy of the national card (Skystar) owned C by the victim on the street of the Kafabbs in Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Kafabastro on the street.

The Defendant embezzled the national card owned by the victim as above without following necessary procedures, such as returning it to the victim.

2. On February 21, 2013, the Defendant violated fraud and specialized credit financial business operations around 23:26, 2013, when settling KRW 39,00 from the Seocho-gu Seoul Metropolitan Government D 1st floor E to pay for food costs, the Defendant’s national card owned by the victim, which was lost as described in the above paragraph 1, had it settled by using the same as his/her lawful right to use, and acquired financial benefits equivalent to the same amount, and unlawfully used the lost national card owned by the victim.

Summary of Evidence

1. Statement to C by the police;

1. A written statement prepared by the defendant;

1. Application of Acts and subordinate statutes on the details of card use;

1. Relevant Article 360 (1) and 347 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 70 (1) 3 of the Specialized Credit Financial Business Act;

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

1. Articles 70 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;