점유이탈물횡령등
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On February 9, 2018, the Defendant embezzled, without following necessary procedures such as acquiring a copy of the IBK Enterprise Bank C Card, which was held by the victim E, and returning it to the victim, at around 16:06, a cash withdrawal period installed outside the “D E” located in Asan City, Asan-si.
2. Around February 16:14, 2018, the Defendant, in violation of the Act on Specialized Credit Financial Business and the Defendant, at the “G convenience store operated by a person whose name is not known in Asan City F, and, as if he had a legitimate possession of the IBK Bank Cze Card in the name of E embezzled as referred to in the foregoing paragraph (a), deceiving the victim by means of deceptioning the victim, delivery of one caner of cloud cans equivalent to KRW 2,150, and settled the amount with the said card.
Accordingly, the defendant acquired the property of the victim and used the lost eck card.
Summary of Evidence
1. Statement by the defendant in court;
1. Other investigations into victims;
1. Application of Acts and subordinate statutes concerning field photographs, CCTV images extraction photographs;
1. Relevant Article 360 of the Criminal Act concerning the crime, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 70 (1) 3 (the use of lost debit cards) of the Financial Business Specializing in Credit, Article 347 (1) of the Criminal Act, and the selection of fines, respectively;
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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the actual amount of damage, the fact that the victim who owns the card does not want the punishment of the defendant, the defendant is a beneficiary under the Guarantee of Basic Living Security Act, and the defendant supports the spouse with a disability 3 disability, and the defendant's age, sex, environment, family relationship, and various factors of sentencing as shown in the arguments of this case, including the defendant's age, sex, family relation, and criminal records, shall be determined as per the order.