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(영문) 대전지방법원 2015.09.18 2015고정1240

점유이탈물횡령등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On April 23, 2015, the Defendant acquired one copy of the CB National Bank CC Card (D), which was owned by the victim C, at the Daejeon Complex Bus Terminal located in the Dong-dong, Daejeon, Daejeon.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On April 24, 2015, the Defendant violated the Use Fraud of Computer, etc. and Specialized Credit Financial Business Act: (a) around 22:38, 2015, when boarding the bus of the victim Daejeon bus stock company at the bus stops prior to the terminal, prior to the bus stops, the Defendant settled KRW 1,100,000 in total of the bus charges using the above physical card through the same method until May 19, 2015, by contact with the settlement terminal of the bus charges, as described in the foregoing paragraph 1.

As a result, the defendant entered information into the payment terminal of the above city bus charges, which is the information processing unit, and processed the information without authority, thereby acquiring and losing property benefits equivalent to 64,900 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written petition;

1. Application of the reply statute

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen objects), Article 347-2 of the Criminal Act (including the fraud by use of computers, etc.), Article 70(1)3 of the Specialized Credit Financial Business Act (including the fraud by use of computers, etc.), and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of each crime is aggregated);

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) (100,000 won per day) of the Criminal Act for the detention of a workhouse.