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(영문) 수원지방법원 성남지원 2017.09.27 2017고정795

점유이탈물횡령등

Text

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

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

Reasons

Punishment of the crime

1. On October 16, 2016, the Defendant found one physical card lost by the victim E in the front of D located in Seongbuk-gu, Sungnam-si, Sungnam-si, Sungnam-si on October 16, 2016.

The defendant did not take necessary procedures such as returning the above acquired card to the victim and brought it to the victim.

Accordingly, the Defendant embezzled the property that was separated from the possession of the victim.

2. Fraud;

A. On October 16, 2016, the Defendant, at a G convenience store located in Sungnam-si, Sungnam-si, Seoul-si, by means of pretending to be one’s own, the card acquired as stated in the above A, and presenting it to the pointr, and allowing to settle 11,900 won of the value of the goods.

B. On October 16, 2016, the Defendant acquired the value of KRW 195,000 by the aforementioned method at the G in Seongbuk-gu, Sungnam-si, Sungnam-si.

Accordingly, the defendant has taken property benefits equivalent to 206,900 won in total two times.

3. The Defendant violated the Act on the Financial Business Specializing in Credit, in the same time and place as the above 2. Paragraph 2., used the personal check card of another person in the same manner as Paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (victims' statements and CCTV analysis in cards);

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost debit cards) of the Act on Specialized Financial Business for Credit, and the selection of each fine for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the defendant’s living conditions, the amount and frequency of the victim’s damage, the victim’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are set forth in Article 51 of the Criminal Act.