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(영문) 인천지방법원부천지원 2020.11.13 2019고단2726

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Embezzlements of lost possession;

A. On June 10, 2019, the Defendant: (a) instead of taking necessary procedures, such as returning to the victim, even though the victim D (the age of 42) acquired a cell phone of KRW 1 million at the market price of KRW 1,000,00,000, the market price of which was lost on the roads of the C Cooperatives in Busan-si, Seocheon-si; and (b) embezzled the victim as he/she

B. On June 22, 2019, around 01:00, the Defendant: (a) obtained one copy of the 43 Bridge at the crosswalk in front of the Songcheon-si Northern Station; (b) but did not follow necessary procedures, such as returning it to the victim E and the victim F; and (c) embezzled the Defendant’s thought he/she had.

2. Violation of the Specialized Credit Financial Business Act and the Defendant’s fraud using computers, etc.: around 01:5 on June 22, 2019, in order to purchase drinking water from a beverage board operated by the victim’s name and influence of the invoice 43, as the invoice was transmitted in Bupyeong-si on June 22, 2019.

As stated in the foregoing paragraph, G Bank Cze Card, which was acquired, used the F and E’s e-mail card for a total of five times from 18:00 to 18:00 on the same day, including the payment of a charge equivalent to KRW 800,00, by using the F’s e-mail card as one of its own cards, and acquired financial benefits by using the F and E’s e-mail card for a total of five times, such as

Summary of Evidence

1. Statement E of the police's protocol of interrogation of the suspect against the defendant, each F's protocol of seizure, records of seizure (portablephones), records of seizure (portablephones), photographs of damaged items and on-site photographs, etc. -

1. Application of Acts and subordinate statutes to report internal investigation (such as the victim E's telephone statement, etc., the victim F's damage statement, and the victim F's specific information) to the 112 Reporting Report (the victim's statement concerning the victim's statement);

1. Article 360(1) of the Criminal Act applicable to criminal facts, Article 360(1) of the choice of punishment (the embezzlement of stolen articles), Article 347-2 of the Criminal Act (the fraud by use of computers, etc.) and Article 70(1) of the Specialized Credit Financial Business Act.