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(영문) 의정부지방법원 2017.09.07 2017고정1177

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000 (one million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. From March 13, 2017 to March 21:36, 2017, the Defendant embezzled Nonindicted Co., Ltd. without following necessary procedures, such as acquiring one copy of the Nompic NH Agricultural Cooperative No. C, the victim C, and returning it to the victim. 2. On March 18, 2017, the Defendant violated the Credit Financial Business Act: (a) purchased an KRW 4,500 won higher than the market price of KRW 4,50 won from the “Eve store” located in Gui Government-si D; and (b) offered the said NH physical card to the point F, signed the card sales and received property by false means; and (c) used the C&V card by false means.

3. The Defendant, at the time, at the time, at the place specified in paragraph 2, obtained a delivery of KRW 4,500 tobacco equivalent to KRW 4,500 at the victim convenience store G, by suggesting that the NH CF card was completed to F as one’s own possession.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. On-site photographs;

1. Receipts for approval of cards;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV video recording data;

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act, the choice of punishment for the crime, Article 367(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business, and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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