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(영문) 대전지방법원 2018.10.26 2018고단2822

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On September 22, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor for larceny at the Cheongju District Court on January 24, 2018 and completed the execution of the sentence at the Cheongju Women’s Prison on January 24, 2018. On August 16, 2018, the Defendant was sentenced to two years of imprisonment with prison labor at the Daejeon District Court for larceny, etc. and is currently pending in the appellate trial.

[2018 Highest 282]

1. On June 23, 2018, the Defendant: (a) acquired the victim’s emulculation card of the IBK Bank Co., Ltd. and one mobile phone of the market value at the time of the emulculation in front of the 260-ro 260-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Defendant 1 did not take necessary procedures such as returning the above 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. Violation of Acts in financial business specializing in fraud and credit finance;

A. On June 23, 2018, around 00:31, the Defendant purchased drinking water at the V convenience store located in Gyeyang-gu U, Seoyang-gu, Seoyang-gu, U.S., and had the victim under his name-in-fact payment by presenting it as the Defendant’s card, which was obtained, the Defendant received from the injured party the property, such as drinking water, which is equivalent to the total market value of KRW 4,520, and used the stolen card.

B. On June 23, 2018, around 00:42, the Defendant: (a) presented the nameless victim the IBK Enterprise Bank Cze Card (W) card (W) in the name of T (T) acquired as the Defendant’s card to pay KRW 55,00,00 to the victim; (b) obtained pecuniary benefits equivalent to the same amount from the victim; and (c) used the lost card.

[206] The Defendant, on March 18, 2018, found the victim entering the house and found the victim’s money and valuables, when the victim’s Z (n, 89 years of age) was located in a Y in around 16:00 on March 18, 2018.