점유이탈물횡령등
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. Around March 4, 2014, the Defendant embezzled possession-free items by taking the said credit card without taking necessary procedures, such as acquiring a new card (D) lost by the victim C in the vicinity of the Dongdaemun-gu, Seoul, Dongdaemun-gu, and reporting it to the nearby police station.
2. On March 4, 2014, the card that the Defendant acquired as set forth in paragraph (1) was boarding the E Village bus in the 13:15 Dongdaemun-gu Seoul Dongdaemun-gu New Spot, Dongdaemun-gu, Seoul, and around 13:15, the Defendant earned KRW 5,800, KRW 4,500, KRW 12,500, KRW 13:200, KRW 13:47, KRW 16:28, and KRW 1,500, KRW 200, KRW 200, KRW 500, respectively, from G where the Seoul Dongdaemun-gu Seoul Dongdaemun-gu Seoul is located at H, and KRW 1,500, and KRW 1,500, KRW 500, respectively, at around five occasions.
3. The Defendant violated the Specialized Credit Financial Business Act by means of signing sales slips as if he did not know of it with another person’s card that he acquired as set forth in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Records of seizure and the list of seizure;
1. Each report on internal investigation:
1. Use details of transportation cards, application of Acts and subordinate statutes governing personal general transactions;
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, including the point of use of lost credit cards), and the 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;