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(영문) 창원지방법원 진주지원 2020.06.18 2020고단388

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 23, 2019, the Defendant, at the entrance of the first floor of Jinju-si, found one copy of the NH Agricultural Cooperative Co., Ltd. (Credit Card No. D) lost by the victim C at Jinju-si.

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. At around 07:30 on December 23, 2019, the Defendant violated the Computer, etc. Fraud and the Specialized Credit Financial Business Act: (a) paid 11,000 won for the use of the PC bank by inserting the PC card acquired from the “GPC bank” managed by the victim F in Jinju-si, as prescribed in paragraph (1).

Accordingly, the defendant acquired property benefits equivalent to 11,000 won by inputting information into a computer and other information processing device without authority, and used lost cards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A H statement;

1. Application of Chapter Four Acts and subordinate statutes to field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act that has the option of punishment (the point of embezzlement of stolen articles, the choice of fines), Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of using the lost card, the selection of fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) even though there was a history of punishment for the same crime in 2019, repeating the instant crime; (b) the pecuniary gain acquired is relatively minor; and (c) the agreement with the victim was reached; and (d) the various conditions for sentencing as indicated in the instant argument are determined by taking into account