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(영문) 서울동부지방법원 2016.09.27 2016고정1258

점유이탈물횡령등

Text

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

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

Reasons

Punishment of the crime

1. On January 26, 2016, the Defendant embezzled, with the intent of acquisition, without taking necessary procedures, such as reporting the fact to the nearest police station, etc., as he/she discovered one Chapter of the modern card in the name of the victim who was lost by the victim B in the Songpa-gu Seoul Coastal Movement, around January 19, 2016.

2. On January 29, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) paid a taxi fee of an amount equivalent to KRW 3,500,00 after getting a taxi from and moving a taxi in Songpa-gu Seoul, Songpa-gu, Seoul; (b) the Defendant used the embezzled credit card and obtained pecuniary benefits equivalent to the same amount by having the Defendant pay a taxi fee by completing the modern card in the name of B embezzled as if he/she had a legitimate owner; and (c) issuing the name of the victimized person to the taxi engineer and having the victimized person pay the taxi fee.

3. On January 29, 2016, the Defendant: (a) purchased 4,300 won or more from “D” located on the first floor of Gangnam-gu Seoul building C, Gangnam-gu, Seoul; (b) sought payment of KRW 4,300 of the coffee price by having completed the embezzled modern card as if he/she had a legitimate owner; and (c) delivering it to the victim’s name, an employee, who was his/her employee, to settle the amount of KRW 4,300; but (d) failed to pay it by a report on loss.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (the verification of the use of a card by an unqualified suspect), investigation report (the results of execution of a warrant of search and seizure);

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the point of embezzlement, the selection of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines), Articles 352 and 347(1) (the point of attempted fraud, the selection of fines) of the Criminal Act, Article 70(1)3 (the selection of fines) of the Act on Financial Business Specializing in Credit Business;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;