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(영문) 부산지방법원 동부지원 2017.08.24 2017고단1207

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 2014, the Defendant acquired one copy of the NH CF No. 3, which was the victim’s loss, at the event of the bus stops in front of the two-way bus stops located in the Busan Shipping Daegu Gyeongcheon-ro 67, 36-gil, and the Defendant acquired one copy of the FH No. 3, which was the victim’s loss.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea.

2. Larceny;

A. On December 10, 2016, the Defendant, at the victim E’s house located in the Namdong-gu Incheon Metropolitan City DB02 around 15:16, obtained and possessed the NH NowC Card (credit number F) owned by the victim E, located in the head of the Dong-gu, Chungcheongnam-gu, Incheon.

B In the name of the NH H AC card in its change, the above physical card owned by the victim E was stolen with one copy.

B. At around 20:00 on December 10, 2016, the Defendant thefted the victim E’s cell phone with one cell phone equivalent to KRW 900,000,000, at the victim E’s house located inside and outside of the house.

3. On December 15, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit-Related Business purchased the nameless victim in Namdong-gu Incheon Metropolitan City G, using the NH CF card in the nameless victim, such as the above paragraph (2), and pretended the Defendant to be the lawful holder of the above CF card.

As such, the Defendant deceivings a victim who is not named as such and caused the victim to settle the price of goods with the above physical card in the same place, thereby deceiving the victim with the property equivalent to the same amount, and using stolen debit cards.

In addition, the defendant, as stated in the list of crimes in the attached list of crimes, deceiving victims of a false name while purchasing goods, etc. at least eight times in total, and had the victims settle the account with the above physical check, and in total, KRW 297,520 from the victims.