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(영문) 수원지방법원 성남지원 2019.10.29 2019고정779

점유이탈물횡령등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 20, 2019, the Defendant embezzled the property that he/she had, on his/her own mind, has, without following necessary procedures such as returning it to the victim, he/she found and found in the street B in front of the Gyeonggi-si, the victim C (M, 22 years of age) returned home, and did not take necessary procedures, and embezzled the property that he/she left the possession of the victim.

2. On June 20, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) placed an order for alcoholic beverages and an alcoholic beverage at the “F located in Seongbuk-gu, Seongbuk-gu; (b) placed an order for alcoholic beverages and an alcoholic beverage at the center; and (c) presented the C bank check to the victim, who is an employee working therefor, as in paragraph (1), as if he was his own card, and had the victim settle KRW 170,000.

Accordingly, the defendant deceivings the victim as above, thereby deceiving the pecuniary gain equivalent to KRW 170,000 and fraudulently using another's card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Voluntary report, investigation report, and investigation result report;

1. Application of Acts and subordinate statutes to photograph details of card use;

1. Relevant legal provisions of Article 360 (1) of the Criminal Act (the point of embezzlement of stolen items), Article 347 (1) of the Criminal Act (the point of fraud) and Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of fraud) concerning criminal facts;

1. Selection of an alternative fine for punishment;

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;