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(영문) 수원지방법원 성남지원 2016.05.19 2016고정213

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

[criminal records] On February 17, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. in support of Sungnam branch of Suwon branch of Suwon branch of the Defendant, and the Defendant’s appeal was dismissed, and the judgment became final and conclusive on May 12, 2016.

[Criminal facts]

1. On October 25, 2015, the Defendant embezzled, around the 13:00 Gyeonggi-si, the GB national card lost by the victim B, but did not take necessary procedures, such as returning it to the victim, and embezzled the property that he/she had, as he/she had, left the possession of the victim.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On October 25, 2015, the Defendant purchased “D convenience store” located in Sungnam-si, Sungnam-si, Seoul-si, which is equivalent to KRW 9,000 of the market value, and issued a card under the name of the victim B, as stated in paragraph (1), as if the Defendant was a legitimate owner, and had an employee pay for the purchase price of tobacco, thereby using a lost card and being issued a tobacco.

B. On October 25, 2015, around 15:46, the Defendant purchased “F convenience store” in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and used the card lost in the same manner as the above “A” and received a coffee.

(c)

On October 25, 2015, around 17:05, the Defendant used the card lost in the manner such as “H” located in Seongbuk-gu, Sungnam-si, Sungnam-si, and obtained pecuniary benefits equivalent to KRW 170,000 in the same manner as “A.”

(d)

On October 25, 2015, the Defendant used a card lost in the same manner as that of the above “A” and acquired pecuniary benefits equivalent to KRW 80,000,000, when he received a marina from “I” located in Seongbuk-gu, Seongbuk-si, Sungnam-si.

E. On October 25, 2015, the Defendant purchased the “J convenience store” located in Sungnam-si G in Sungnam-si, Sungnam-si, and the amount equivalent to KRW 180,000 of the market price, and the Defendant purchased 4 lux of tobacco equivalent to KRW 180,000.