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(영문) 전주지방법원 2016.11.17 2016고단1563

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 27, 200, the defendant was sentenced to imprisonment with prison labor for the crime of attempted fraud at the Jeonju District Court on October 10, 200; imprisonment with prison labor for the same reason on January 9, 2003; imprisonment with prison labor for the same reason on June 10, 2004; imprisonment with prison labor for the same reason on June 10, 2004; imprisonment with prison labor for the same reason on October 16, 2009; imprisonment with prison labor for the crime of attempted fraud at the Jungju District Court on October 16, 2009; and imprisonment with prison labor for ten months

【Criminal Facts】

1. On March 2014, the Defendant found one part of a wall containing a driver’s license, which was owned by the victim B, on the front day of the Maart, in which the trade name of the Maak-gu Soon-Jon-dong located in the Jeonjin-gu, Youngdong-gu, Seoul, is unknown.

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. Habitual Fraud Defendant had no intent or ability to pay the user fee even if he did not have certain income or assets, but had committed as if he were B, and had applied for Internet membership and had the following intent to obtain money by deceit, cash, gift certificates, etc.

Around 11:00 on February 19, 2014, the Defendant called “D” to the victim E who operates the Internet business and installation company in the name of “D,” from the former So-jin-gu, Seoul. The Defendant used the Plaintiff’s driver’s license holding that he/she himself/herself was B, and applied for membership on the Internet of “B Internet 070 Ph. Btv” under the three-year agreement whereby the victim recommended that he/she would buy the North Korean goods.

As above, the Defendant deceivings the victim, and thereby deceiving him/her from the victim on February 28, 2014.