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(영문) 인천지방법원 2014.07.25 2014고정2232

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

On March 22, 2014, at around 18:00, the Defendant, without following necessary procedures, such as acquiring one copy of the national physical fitness card owned by the victim C (37 years of age and female) lost in front of the Nam-gu Incheon Metropolitan City, and returning it to the victim. Even if using the above physical fitness card, even if there was no intent to repay the price, the Defendant did not obtain the above physical fitness card, and then, at around 20:22 of the same day, failed to obtain the purchase price of KRW 9,150,00 in purchase price from the The Home Pluice frame located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and then failed to report the loss of the above physical fitness card. However, each of the Defendant did not intend to make the above payment by deceiving KRW 2,200,00 from the value of food restaurant located in the Nam-gu, Incheon Metropolitan City at around 21:08.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant legal provisions concerning facts constituting an offense, Articles 360 (1) (the point of embezzlement), 347 (1), 352, and 347 (1) (the point of fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of violation of Specialized Credit Financial Business Act), the selection of fines, and the selection of fines;

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;