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(영문) 서울북부지방법원 2015.07.08 2015고정1385

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around May 8, 2015, the Defendant acquired one copy of the C Hospital’s physical fitness card owned by the victim D, in front of the C Hospital located in Dongdaemun-gu Seoul, Seoul, at around 06:30 on May 8, 2015.

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. Around May 8, 2015, the Defendant violated the Specialized Credit Financial Business Act and the Defendant calculated 06:46 won from the victim F’s G operation in Dongdaemun-gu Seoul, Dongdaemun-gu, in calculating 5,000 won, by presenting the lost e-mail card as if he/she had a legitimate authority to use it, and then using the lost e-mail card by issuing it on the sales slip, and then acquiring the lost e-mail card. In calculating 5,000 won for e-mail or e-mail, the Defendant presented the lost e-mail card to the victim and made payment by signing on the sales slip.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions for facts constituting an offense, Articles 360(1) and 347(1) of the Criminal Act (the embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the illegal use of debit cards) and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;