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(영문) 춘천지방법원 2016.04.21 2016고정31

절도등

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. On July 2, 2015, around 22:50 on July 2, 2015, the Defendant: (a) obtained one Samsung Credit Card lost by the victim F (58 tax) within the Kim Jong-dong, New-dong, Kim Jong-si, 1435, Kim Jong-si; (b) did not take necessary procedures, such as returning it to the victim; and (c) took the thought that he/she had it.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant was guilty;

A. On July 3, 2015, at C convenience stores operated by the victim’s name in Chuncheon-si B, around 00:27, by presenting a credit card, which was embezzled as if the victim’s owner was lost as if he/she was the Defendant’s ownership, to obtain the same amount of monetary benefits, by allowing the victim to obtain the approval of KRW 43,000 from the injured party for the amount of goods.

(b) at H gas stations located in Chuncheon-si, 01:28 on the same day, by presenting a credit card embezzled as in the preceding paragraph to the victim, whose owner of the business was not aware of the name of the owner of the vehicle, who was placed in his own possession, and who was not aware of the name of the owner of the vehicle, as the victim was lost as if he was the Defendant’s ownership, obtain pecuniary benefits equivalent to the same amount by requiring the victim to approve the amount of KRW 41,000 from the damaged person;

C. At around 01:33 on the same day, at E convenience stores located in Chuncheon City, around 01:33, purchasing items equivalent to the total market value of KRW 88,00,00, such as tobacco smoke flus (43,000) and flus (45,000 won) and flus (45,000 won) and, at the same time, presenting a credit card embezzled as in the preceding paragraph to the victim whose name the owner of the business is not known, lost as if he was the Defendant’s owner, and acquiring the same pecuniary profit by requiring the victim to approve the amount of KRW 8,000 for goods.

As above, Defendant 1’s aforementioned three times in total from July 3, 2015 to July 00:27, 01:33 of the same day.