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(영문) 수원지방법원 성남지원 2019.09.04 2019고정634

점유이탈물횡령등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 7, 2019, the Defendant acquired one new card in the victim D’s name in the latter part of the “C” located in Seongbuk-gu, Sungnam-si, Sungnam-si.

However, he did not report it to the nearest police station or take necessary measures to return it to the victim and carried it with the intention of acquisition.

As a result, the Defendant embezzled the property that was separated from the possession of the victim.

2. On May 7, 2019, around 19:38, the Defendant: (a) proposed to the Victim G the card acquired from “F” located in Sungnam-si, Sungnam-si, as described in paragraph 1, to the effect that the card was one’s own; (b) and (c) had the victim believeding it pay KRW 21,000 of the market value of the rollk case, thereby having the victim settle the amount of KRW 21,000.

3. Attempted fraud.

A. On May 9, 2019, the Defendant, at around 08:13, 2019: (a) purchased an article from “I convenience store” located in H in Jung-gu Seoul Metropolitan Government in the same manner as that of the foregoing paragraph (2) and intended to take property benefits equivalent to KRW 1,400, but did not bring about an attempted attempt due to refusal of approval.

B. On May 9, 2019, around 08:51, 2019, the Defendant intended to purchase the incombustible goods from “K” located in the Eunpyeong-gu Seoul Metropolitan Government J by the said method, and did not intend to gain pecuniary benefits equivalent to KRW 4,100, but did not bring about such intent.

4. The Defendant violated the Specialized Credit Financial Business Act, in the same date, time, and place as stated in paragraph (2), used the card obtained from another person in an unlawful manner as stated in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of loss cards;

1. A receipt used by the suspect;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

1. Article 360(1) of the Criminal Act applicable to facts constituting an offense, Article 360(1) of the choice of punishment (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud) of the Criminal Act, Article 70 of the Specialized Credit Finance Business Act.