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(영문) 서울중앙지방법원 2016.06.15 2016고정1024

점유이탈물횡령등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 28, 2016, the Defendant embezzled the property that he/she has left possession of the victim, without following necessary procedures, such as acquiring a credit card of a national bank owned by the victim C and returning it to the victim, within the village bus operated near the 21st house basin in Seongdong-gu Seoul, Seongdong-gu, Seoul, which was operated by the victim C, and then embezzled the property that he/she has left possession of the victim.

2. On January 29, 2016, at the “E” restaurant located in Jongno-gu Seoul Metropolitan Government Jongno-gu, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant: (a) took place as if the Defendant was the lawful holder of the credit card of the National Bank in the name of Jongno-gu, Seoul; (b) presented the said credit card to the victim F, who is the owner of the said restaurant business; and (c) made the victim prepare the sales slip, and then arbitrarily signed the signature column of the sales slip.

As above, the Defendant, as well as using a lost credit card with food equivalent to KRW 40,00,00 at the market price of 40,000, by deceiving the victim as above, and from around that time to around 15:35 of the same day, the Defendant, as indicated in the list of crimes, proposed the lost credit card three times in total as if the Defendant was a legitimate holder, and conspired the victims by signing on the sales slip of the credit card, and used the lost credit card after receiving property worth KRW 48,000 in total from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement in F and G preparation;

1. Application of the KB National Card Use Certificate and the Hand-on message and receipt statute;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of possession, the selection of fines), Article 347(1) of the Criminal Act (the fraud point, the selection of fines), and Article 70(1)3 of the Act on Specialized Credit Financial Business (the use of each lost credit card, the selection of fines)

1. The aggravated Criminal Act for concurrent crimes.