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(영문) 인천지방법원 2018.09.10 2018고정153

점유이탈물횡령등

Text

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

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

Reasons

Punishment of the crime

[criminal records] On January 12, 2018, the Defendant was sentenced to imprisonment with prison labor for special larceny, two years of suspended execution, and 120 hours of community service, and the judgment became final and conclusive on January 20, 2018.

[Criminal facts]

1. On March 4, 2017, the Defendant embezzled, on his/her own initiative, he/she: (a) was placed in the subway station located in Bupyeong-gu Incheon, Incheon; (b) was placed in the subway station located in Bupyeong-gu, Incheon; and (c) did not take necessary procedures, such as returning to the victim, by making a chapter 1 of VEX credit card; and (d) he/she embezzled as he/she thought he/she had.

2. On March 4, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased a smoke of tobacco equivalent to KRW 45,00 in the market price at E convenience stores operated by the victim D in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and (b) had the victim prepare a credit card sales slip by presenting the embezzled credit card to the victim as referred to in paragraph (1) of the said Article; and (c) used the lost credit card.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Each written statement B and D;

1. Each investigation report (for example, 4, 7, 10, 14) and each CCTV photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

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) of the Act on Specialized Financial Business, and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

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;