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(영문) 서울남부지방법원 2019.06.12 2019고정446

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 1, 2018, the Defendant embezzled the property that he/she had, without following necessary procedures such as returning it to the victim, he/she acquired one physical card of a bank that was lost by the victim B (the age of 20) in front of the exit of Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu and 46 (Tulldong) and 2 (Tullsan), on the street prior to the exit of Gangseo-gu, Gangseo-gu, Seoul.

2. On March 2, 2018, the Defendant violated the Computer, etc. Fraud and the Specialized Credit Financial Business Act, around 17:26, 2018, paid the subway charges while boarding the subway in the HHro 156 and the subway station station station station station station station station station station station station station station station station station station station station of the Gangnam-gu Seoul Metropolitan Government. As such, the Defendant, as seen in the above 1. The Defendant, as seen in the above 1., came to contact the subway terminal station station station, thereby recognizing information on the said body card, thereby allowing the Defendant to pay KRW 1,350 of the subway charges.

Accordingly, from this point of time until March 21:26, 2018, the Defendant obtained property benefits by allowing the payment of bus charges and subway charges of 12,200 won in total by using the aforementioned B’s debit cards to the device without authority in the data processing system, such as computer and other information processing systems, and used the lost debit cards of 12,200 won.

3. On March 9, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented the victim’s nameless taxi driver as stated in the above 1. As if he was a legitimate holder of the Victim B’s Trac Card of the Victim B, to pay the taxi fee after having arrived at the destination; and (b) obtained pecuniary benefits equivalent to KRW 4,100; and (c) used the lost other’s debit card.

4. The Defendant who attempted to commit fraud is around 01:35:45 on March 10, 2018.