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(영문) 서울중앙지방법원 2015.05.21 2015고정1292

점유이탈물횡령등

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. Around November 17, 2014, the Defendant embezzled that he/she would have on his/her own idea without following necessary procedures, such as acquiring one national card (C) lost by the victim B in the Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and returning it to the victim.

2. On November 8, 2014, the Defendant, at around 17:50 on November 17, 2014, sold an oil equivalent to KRW 50,000 on a FK3 car operated by himself/herself in Dongjak-gu Seoul Metropolitan Government, and had an employee whose name is unknown, give the victim’s credit card completion as if he/she was his/her credit card, so that he/she could settle the amount of money equivalent to KRW 50,00,00.

3. The Defendant in violation of the Specialized Credit Financial Business Act used the credit card lost by the victim at the time and place mentioned in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes on a card transaction receipt;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card), and selection 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;