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(영문) 부산지방법원 2018.12.07 2018고단4303

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On December 7, 2017, the Defendant was sentenced to four months of imprisonment for fraud, etc. in the branch court of the Busan District Court on February 21, 2018, and completed the execution of the sentence in the Busan District Court on September 13, 2018. On September 21, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for special intimidation, etc. at the Busan District Court, and the judgment became final and conclusive on September 21, 2018.

[Criminal facts]

1. Embezzlements of deserted articles in possession;

A. On March 1, 2018, at around 02:00, the Defendant thought that he/she had without following necessary procedures, such as acquiring the victim D’s E card lost, F card, etc. at the market price of 200,000 won, and returning it to the victim.

B. On March 2018, at around 02:00, the Defendant: (a) obtained a copy of the corporate bank card lost by the victim G and returned it to the victim; (b) did not take necessary procedures; and (c) did so.

(c)

On March 3, 2018, at around 02:00, the Defendant acquired a copy of the I hotel access card lost by the victim H and did not take necessary procedures such as returning it to the victim.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On March 27, 2018, the Defendant: (a) purchased and settled the D’s E- Card (L) acquired from its employees as referred to in paragraph (1) of the said paragraph from K convenience stores, as if it were one’s own credit card; and (b) received delivery of the said goods, and illegally used the lost other’s credit card.

B. On March 27, 2018, the Defendant settled the amount of KRW 7,800,000, the Defendant received and lost the said goods after purchasing the D’s F Card (O) acquired from the N convenience store to its employees as referred to in paragraph 1(a) of the said paragraph.