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(영문) 수원지방법원 성남지원 2014.01.17 2013고단2808

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 2013, the Defendant embezzled, on the ground that, at the bus stops located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul, one credit card from a new bank that the victim D lost, and instead did not take measures such as returning it to the victim, and embezzled it.

2. From January 19, 2013 to July 29, 2013, the Defendant in violation of the Specialized Credit Financial Business Act settled and used KRW 4,177,280 in total on 622 occasions with D’s credit cards lost as described in the foregoing 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of details of settlement of a victim card);

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act that prescribes the punishment (the point of embezzlement of stolen articles, the choice of fines) and Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of using lost credit cards and the choice 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order refers to the defendant committed a crime, and the victim does not want the punishment against the defendant, and the defendant is the first offender who has no previous criminal record, the punishment shall be determined as ordered by the order.