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(영문) 서울중앙지방법원 2015.10.30 2015고단5962

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for one year.

As seized IBK Credit Card No. 1 (No. 1) of the IBK Bank, Nonghyup CFK Card.

Reasons

Punishment of the crime

On August 21, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on the Seoul Central District Court, and completed the execution of the sentence in the 1st prison of North Korea on July 15, 2015.

1. Embezzlements of lost possession;

A. On September 17, 2015, between September 18:00 and 19:00 of the same day, the victim D acquired one copy of the resident registration certificate (Evidence 3) owned by the victim D, which was stolen, in the vicinity of the Seoul Station located in 405, as the Yongsan-gu Seoul Metropolitan Government Han River.

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.

B. On September 18, 2015, the Defendant, at around 22:00, obtained one credit card (No. 1) and one (No. 2) from the IBK Enterprise Bank Bank Co., Ltd, the victim C was stolen in the vicinity of the subway Station No. 11, and one (No. 2) from the No. 11, in which the Defendant committed the crime against the victim C, around September 18, 2015.

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 September 18, 2015, a suspect in violation of the Specialized Credit Financial Business Act is 1-B at the “F convenience store” located in Jongno-gu Seoul Jongno-gu from around 23:00 to 23:45 of the same day.

Then, C’s IBK Enterprise Bank Credit Card No. 1, 82,00 won of the market price, presented the 82,00,000, purchased DNA tobacco 1 A, which is the cloud 5,000 won of the market price, and then purchased paper bags and beverages equivalent to the total market price of 3,200 won from the "G" convenience store in the vicinity by the same way.

Accordingly, the Defendant used stolen credit cards.

3. The Defendant who attempted to larceny shall be buried in I in Jongno-gu Seoul Metropolitan Government H around September 18, 2015.