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(영문) 인천지방법원 2015.01.28 2014고단5759

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 22, 2014, the Defendant: (a) around 03:30 on June 22, 2014, acquired one modern card owned by the victim C, one check of the Bank C, one check of the Bank C, and one check of the foreign exchange bank, which was lost by the victim C on the street of Seo-gu, Seo-gu, Incheon, Seo-ro 226.

The Defendant did not follow necessary procedures, such as returning the 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. Fraud or violation of the Specialized Credit Finance Business Act;

A. At around 04:50 of the date specified in the preceding paragraph, the Defendant: (a) 04:50 of the date on which the Defendant was committing the crime of using modern cards, 10,000 won, which was the sum of 1,758,100 won, by the same method in the same 17 times in total, as indicated in the attached Table 1, from the Incheon Japan, after boarding a taxi with the number-free taxi operated by the victim’s name in the place specified in the preceding paragraph to the Bupyeong-gu Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) settled the amount of KRW 10,00

Accordingly, the defendant, by deceiving the victims, used credit cards acquired by receiving goods or services from the victims.

B. The Defendant, at around 06:32 of the date indicated in the foregoing paragraph (1), was on board a taxi with no victim’s name on the spot in Ansan-si, Ansan-si, and moved to the same spot to the same spot, and paid KRW 3,200 by using C’s bank body cards, as stated in the foregoing paragraph (1), and by the 18:08 day of the same day, the Defendant paid KRW 1,172,500 in total by the same method, from the day of Ansan-si to the day of Ansan-si, as indicated in the attached Table 2 of the Crimes List of Crimes.

Accordingly, the defendant, by deceiving the victims, used the check cards that he acquired by receiving goods or services from the victims.

(c)the use of the Cze Card of the Foreign Exchange Bank;