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(영문) 부산지방법원 동부지원 2018.07.27 2018고정331

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. From around 02:00 on December 18, 2017 to around 03:00, the Defendant: (a) was on Indian road coming from the entrance of the tunnels of the Southern-gu Busan Southern-gu to the Southern Police Station; (b) before that, the Defendant acquired the Defendant’s straw tubes (JLSSUTR), whose market price was 200,000 won with various credit cards, etc. of the women who lost around 19:00 of the same month.

Defendant 1 did not follow the necessary procedures such as returning the victim’s wall that he acquired as above and embezzled the victim’s idea.

2. On December 18, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the “D convenience store” located in Suwon-gu, Suwon-gu, A around 05:37, 201, the Defendant, like paragraph 1, presented 1 chapter B from the wall of the victim, as seen in paragraph 1, to the two employees who are his card holders, and acquired property profits by making payment of 45,00 won for tobacco (e.g., 0., 00 won) from the non-personal employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on internal investigation (to attach photographs of receipt) and a report on investigation (CCTV tracking);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of credit card loss) of the Act on Specialized Financial Business, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;