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(영문) 부산지방법원 동부지원 2018.01.31 2017고단2123

점유이탈물횡령등

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of suspended execution on December 28, 2016 by a crime obstructing the performance of official duties in the Busan District Court’s branch branch, and was sentenced to one year of suspended execution on January 5, 2017, which became final and conclusive on January 5, 2017.

[Criminal facts]

1. On July 22, 2017, the Defendant found one copy of the C convenience store located in Busan Shipping Daegu Co., Ltd., which was lost by the victim D, in front of the C convenience store located in Busan Shipping Daegu.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but embezzled with the victim’s card on his own think that he had.

2. Violation of the Act on Financial Business Specializing in credit and fraud;

A. On July 24, 2017, around 03:05, the Defendant purchased one cigarette equivalent to 41,000 won at the market price at the G convenience store in the operation of the Victim F in Busan, Daegu, Busan, and offered one copy of the National Bank Card that embezzled as stated in paragraph (1) to the employees of the Defendant, as if he were using the card, deceiving the victim by using the card, avoiding the payment of the above amount of 41,000 won, and using the other person’s lost card.

B. On July 24, 2017, around 03:18, the Defendant purchased tobacco 1 minute (45,000 won) in an amount equivalent to a total of 46,650 won in the market value and 1 column (1,650 won) from the J convenience store in the operation of the victim I located in Busan Shipping Daegu, Busan, and offered one copy of the national bank card that embezzled as stated in paragraph (1) to the non-employee as if he had used the above card, and deceiving the victim and exempted him from paying the above payment, and used the card that was lost by another person.

(c)

On July 24, 2017, the Defendant: (a) around 03:23 on July 24, 2017 at the J convenience point in the operation of the victim I in Busan Shipping Daegu, and (b) KRW 5,650 on the aggregate of the market prices.