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(영문) 서울중앙지방법원 2013.09.27 2013고정1017

점유이탈물횡령등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around July 27, 2012, the Defendant embezzled a foreign exchange card (C) lost by the victim B on the street near the Seocho-dong subway 1, Jongno-gu Seoul Metropolitan Government on July 27, 2012, and embezzled that the Defendant did not follow the prescribed procedures, such as acquiring one copy of the foreign exchange card (C) lost by the victim B, and returned it to the victim.

2. On July 31, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act purchased goods equivalent to KRW 7,300 from the convenience store in the E-owned station in Jung-gu Seoul, Jung-gu, Seoul, and purchased a total of KRW 66,300 on seven occasions as indicated in the attached crime list. As above, the Defendant: (a) purchased a total of KRW 66,300 on seven occasions as indicated in the attached crime list; (b) purchased a credit card owned by the victim he/she embezzled as his/her own as if the credit card was, and (c) applied for the approval of settlement, obtained economic benefits equivalent to that amount by obtaining the approval of settlement from the foreign exchange card company, and used the credit card owned by the

Summary of Evidence

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

1. Investigation report (Investigation of actual report and detailed statement of use);

1. An investigation report (to be sent by facsimile in a victim's statement);

1. Application of credit card sales slip Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), and Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card, inclusive): Selection of each fine;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.