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(영문) 수원지방법원 2016.01.29 2015고정3095

점유이탈물횡령등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 19, 2015, at around 04:00, the Defendant, at the “C” located in Suwon-gu, Suwon-si, Suwon-si B, the Defendant acquired a credit card copy in the name of the victim that the victim D lost along with the card tag A and embezzled.

2. On the same day, the Defendant purchased “F” convenience store located in Sanyang-si, Sanyang-si, Sanyang-si, Sanyang-si, where 15:24, as she had the victim G as her lawful licensee, and offered the above D’s credit card, and used the credit card lost by D.

3. The Defendant, at around 17:00 on the same day, attempted to purchase tobacco from the victim J in the same way at a convenience store, 'the market price of which is equivalent to 41,000 won by deceiving the victim J in the same way. However, it was clearly stated that it was a loss card during the settlement channel, and was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the respective laws and regulations of G and J

1. Relevant legal provisions for facts constituting an offense, Article 360(1) (a) of the Criminal Act, Article 347(1) (a) (a point of fraud), Article 70(1)3 (the illegal use of a card) of the Act on Specialized Financial Business, Articles 352 and 347(1) (a) (a point of fraud) of the Criminal Act, the choice of fines for each offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;