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(영문) 서울북부지방법원 2015.03.17 2015고정296

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 02:00 on June 17, 2014, the Defendant found the unclaimed walled in the market price, containing KRW 5 mobile phone 1, a national bank cream card (C), and KRW 3,000, which is owned by the victim B, on the alley-ro 13, Seongbuk-gu Seoul, Seongbuk-gu, Seoul, about 9:0.

The Defendant, without taking necessary procedures such as returning the goods acquired as above to the victim, embezzled the goods that have taken possession of the victim by putting himself/herself in mind that he/she had, and subsequently, embezzled.

2. On June 17, 2014, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) purchased tobacco 1 A at the E convenience store operated by the victim’s name in Dongdaemun-gu Seoul, Dongdaemun-gu, and (b) took place as if the Defendant was the lawful holder of the national bank check that he acquired, and (c) presented the said card to the victim for settlement.

As above, the Defendant, by deceiving the victim, received tobacco of 2,500 won at the market price from the victim, and used the lost e-mail card.

The Defendant, from that date to 11:23 on the same day, made payment by using the above physical card at least nine times, such as the entry in the list of offenses, and thereby, acquired and fraudulently acquired property or pecuniary benefits equivalent to the total amount of 422,150 won of the market price and used the lost physical card.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A statement of card use, and application of Acts and subordinate statutes on suspect video data;

1. Relevant legal provisions for 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 (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards) 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. Article 70(1) of the Criminal Act for the detention of a workhouse.