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(영문) 서울동부지방법원 2014.03.12 2014고정160

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 4, 2012, the Defendant, at around 20:00, embezzled one set of Baart in Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, 168-1, which was the victim B lost, but did not take necessary procedures, such as returning it to the victim, and embezzled the victim’s idea.

2. The Defendant in violation of the Specialized Credit Financial Business Act purchased goods equivalent to KRW 88,980 from the Eart set forth in the preceding paragraph at around 20:05 on the same day, and used the lost credit card upon presenting the lost credit card sales slip to the victim and signing the sales slip.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of stolen articles), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of lost credit cards) and the 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 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;