beta
(영문) 서울서부지방법원 2020.01.15 2019고단3236

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant sentenced the Seoul Western District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on August 16, 2018.

【Criminal Facts】

1. Around August 22, 2019, the Defendant embezzled, on his/her own idea, without following necessary procedures, such as acquiring a new physical card owned by the victim C, and returning it to the victim, in India near Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B apartment, around August 22, 2019.

2. On August 22, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) settled food payments of the amount of KRW 10,000 in the “F” store operated by the victim E in Mapo-gu Seoul Metropolitan Government; (b) by means of settling payments with a new physical card acquired in the name of C as he/she was a legitimate licensee; and (c) by means of settling payments with a new physical card acquired in the name of C as described in paragraph (1).

In addition, the Defendant acquired the amount equivalent to the above amount from each victims and used the lost check by way of settling the price of 424,600 won with a new check card in the name of C four times in total, such as the list of crimes in attached Form C.

3. On August 23, 2019, the Defendant attempted to pay the amount of food equivalent to KRW 6,000 from “H” located in Mapo-gu Seoul, Seoul, which was operated by the victim under his/her name, and to pay the amount with a new physical card acquired in his/her name as if he/she were the legitimate licensee, but was not settled due to a report on the loss of the card, and thus failed to do so.

The Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on September 30, 2009, and was sentenced to two years by the same court on June 27, 2013.