점유이탈물횡령등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. The Defendant’s embezzlement of stolen articles in possession is written as “2013.....” However, even if it is obvious that it is a clerical error and its ex officio correction is made, it is deemed that there is no disadvantage to the Defendant’s right of defense. Therefore, ex officio correction is made
1. Around 13. Around the 19.6.m., the Defendant: (a) obtained one credit card (e.g., B) in the name of the injured party in whose name the injured party B (the age of 61) lost; and (b) did not take necessary measures, such as returning it or reporting it; and (c) embezzled the credit card in the name of the injured party.
2. On March 21, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) settled a transportation cost of KRW 2,00,00 as if the credit card acquired as mentioned in the preceding paragraph was one’s own credit card; (b) obtained pecuniary benefits equivalent to the same amount; (c) from around that time to December 30, 2013, the Defendant acquired property benefits equivalent to KRW 4,081,620, and used the lost credit card in the same manner as indicated in the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Application of Acts and subordinate statutes on the use of credit cards, each internal report, use of B credit card transportation costs, and investigation report (specific amount of suspect card use).
1. Relevant legal provisions concerning facts constituting an offense, Article 347 (1) of the Criminal Act (Fraud) of the choice of punishment, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen items), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of illegality of credit card), and the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;