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(영문) 서울동부지방법원 2015.08.21 2015고단1553

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 1, 2015, the Defendant found a new bank credit card (D-Omission) lost by the victim C in front of the village-based apartment 117, a village-based apartment located in Gangdong-gu Seoul, Gangdong-gu, Seoul.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On April 3, 2015, around 20:45, at G convenience stores operated by the Victim FF located in Gangdong-gu Seoul Metropolitan Government E and 103, the Defendant presented the victim’s credit card acquired as indicated in paragraph (1) as if the victim was his/her own credit card and presented it to the victim as if he/she was his/her own credit card, and then paid it by the above credit card and signed it on the transaction slip.

Accordingly, the Defendant, by deceiving the victim, received the property and used the lost credit card.

B. On April 3, 2015, around 20:48, the Defendant presented C’s credit card obtained, as described in paragraph (1), to the victim as if he/she was his/her own credit card, at the J convenience store operated by the victim I located in the H 1st floor of Gangdong-gu Seoul Metropolitan Government, and then presented it to the victim as if he/she was his/her own credit card, and then settled with the above credit card and signed on the transaction slip.

Accordingly, the Defendant, by deceiving the victim, received the property and used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, K, and L;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs by cutting a card photograph, the details of card use, and by cutting a text message and by cutting a CCTV;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of fraud), and Article 70(1)3 of the Specialized Credit Financial Business Act (the point of