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(영문) 인천지방법원 2019.06.12 2019고단282

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and completed the execution of the said sentence on July 8, 2018.

Around 22:00 on December 10, 2018, the Defendant embezzled d body ck card, the victim C lost, without following necessary procedures such as returning it to the victim, even though he/she acquired one copy of the victim’s d body ck card in front of the building, Nam-gu Incheon Metropolitan City.

B. Around December 10, 2018, the Defendant violated the Specialized Credit Financial Business Act, and the Defendant, at the main point of “G” operated by the victim F, the victim F, the Defendant issued an order for alcohol and alcohol, and issued it to the employees as if the Defendant had a legitimate right to use, thereby acquiring an equivalent amount of financial benefits and using lost debit cards.

C. From around 03:02 on December 10, 2018, the Defendant attempted to pay the amount equivalent to KRW 300,000, while presenting the DNA card, which was acquired as stated in the foregoing paragraph, to the employee as if the Defendant had a legitimate right to use, the Defendant failed to pay due to the suspension of payment.

2. "2019 Highest 2029";

A. On March 26, 2019, the Defendant did not have the intent or ability to pay the price in the “K” operated by the Victim J in Michuhol-gu Incheon, Michuhol-gu, Incheon, and even if he was provided with alcohol, alcohol, etc., the Defendant did not have the intent or ability to pay the price.

Nevertheless, the Defendant had done as if he were to pay the victim the price of alcohol, alcohol, etc., and did not pay a sum of KRW 100,000,000, such as beer and beer, even though he was provided by the victim with five illness, beer, etc., and acquired financial benefits equivalent to the same amount.

B. The Defendant on March 27, 2019.