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(영문) 서울서부지방법원 2019.06.04 2019고단704

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

[2019 Highest 704]

1. Around 06:00 on February 4, 2019, the Defendant discovered one copy of the KB National Credit Card (C) lost by the victim B and embezzled it on the other hand in the south of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, 77-gil 25-ro, Yongsan-gu, Seoul.

2. Computer, etc. fraud, fraud, or violation of the Specialized Credit Financial Business Act;

A. On February 4, 2019, at around 06:08, the Defendant purchased defective goods from the key machine installed in the south area, and acquired pecuniary profits by paying 1,500 won by using embezzled credit cards, as described in paragraph (1), without authority. On the same day, the Defendant obtained financial benefits equivalent to KRW 7,900, and used lost credit cards, by inputting information without authority into the data processing device, such as computers, at least eight times as indicated in the table below.

On February 4, 2019, 106: (1) around 06:08, 1,500 ampics within the south area (Gagdong) around 06:08 on February 4, 2019; (2) around 06:00 ampics within the south area (Gagdong) around 06:0 on February 4, 2019; (3) ampics within the south area (Gagdong) around 1,400 on February 4, 2019; (4) ampics within the south area (Gagdong) around 0: 10:30 on February 4, 2019; and (4) ampics within the south area (Gagdong) around 10: 1,000 on February 4, 2019; (4) ampics within 10:3:0 ampics around 20:10,28:208.

B. On February 4, 2019, around 06:15, the Defendant purchased the horse 6 tobacco 1 A from E stores located in Yongsan-gu Seoul Metropolitan Government, and then paid 4,500 won by deceiving an employee under his/her name as if he/she had the right to use the credit card, such as that he/she had the right to use the embezzled credit card as described in paragraph (1), thereby acquiring property profits equivalent to the amount of that amount. On the same day, the Defendant acquired 86,300 won in total on six occasions as indicated below, and used the lost credit card.

5. Serial.