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(영문) 서울서부지방법원 2019.11.27 2019고단3225

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Western District Court for fraud, etc. and completed the execution of the sentence on January 24, 2019.

1. Crimes related to B physical cards;

A. On August 3, 2019, between 02:34 and 03:00, the Defendant embezzled the property that he/she left the possession of the victim without following necessary procedures, such as acquiring the Victim B’s Track Card (C) from the French-dong, Yongsan-gu, Seoul, and returning it to the victim.

B. On August 3, 2019, the Defendant who violated the Specialized Credit Financial Business Act purchased drinking water equivalent to KRW 1,600 in the cost from the drinking water vending machine installed in the outlet No. 23, 55, 3, Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, and without authority.

From August 3, 2019 to August 14, 2019, B purchased goods equivalent to 16,000 won in total from a vending machine and used a e-mail card lost without authority, from that time, from August 3, 2019 to August 14, 2019.

Accordingly, the defendant acquired a total of 16,00 won property interest by inputting information into the information processing device without authority, and used a lost debit card by another person.

C. On August 3, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased three breabbbols from “F” operated by the victim E on the third floor of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) made a settlement of KRW 4,800 by presenting the breabbols to the employees as if they had normal right to use; and (c) settling the lost cream card, thereby obtaining economic benefits equivalent to that amount; and (d) used the debit cards lost by others.

The defendant who attempted to commit fraud using computers, etc. is a drinking water installed in Yongsan-gu Seoul Metropolitan Government G parking lots around August 3, 2019.