beta
(영문) 서울중앙지방법원 2016.07.20 2016고정1531

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. The Defendant, on February 4, 2016, found that he/she was aware of a corporate credit card (one card) that was lost by the victim B in the street near the calendar station of three months around February 4, 2016.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On February 14, 2016, the Defendant used computers, etc.: (a) obtained pecuniary benefits equivalent to KRW 18,000 by putting the victim’s card specified in paragraph (1) at the south of Gangnam-gu, Gangnam-gu, Seoul, with 438 as Gangnam-gu; (b) inserting the victim’s card in each towing period without authority; and (c) inputting the information and making the information processed.

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

A. On February 14, 2016, at D points located in Gangnam-gu Seoul Metropolitan Government, around 14:54 on February 14, 2016, the Defendant acquired 25,500 won proprietary benefits by having the victim’s card as stated in paragraph (1) purchased 2 cards from one’s card number to the point point of origin in the name of the card, and made payment. The Defendant illegally used the lost credit card.

B. On February 14, 2016, the Defendant acquired property benefits equivalent to KRW 10,400 by presenting the victim’s card as stated in paragraph (1) to his card holder and allowing him to purchase and settle the non-explosion at his address, and used the lost credit card unlawfully.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared B;

1. Application of the investigation report (The CCTV images at the CGV Gangnam point) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the point of embezzlement of possession, the selection of fines), Article 347-2 of the Criminal Act (the point of fraud, the selection of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines), and Article 70(1)3 (the point of use of lost credit card, the selection of fines) of the Financial Business Specializing in Credit Business Act;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;