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(영문) 인천지방법원 부천지원 2017.08.23 2017고정705

횡령등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The embezzlement: (a) around 01:00 on January 29, 2017, the Defendant embezzled the victim’s property by refusing to return the said property without justifiable grounds, even though the victimized person requested the return of the said property on January 30, 2017, at Ltsh 21, a 30-gilh Do-ro 21 (original Dong-dong 21).

2. On January 29, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) around 18:54, the Defendant used a wide-area bus with the victim’s nameless 44 m 25 m m - 25 m - from the salary property in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) used a large-area bus with the victim’s nameless m Ma6724 -, which is operated by the victim’s non-victim, and used the bus card that was embezzled by March 13, 2017, by using it as if the victim’s new m cke card owned as stated in paragraph (1) was self-refied and paying 2,800 won to the bus card settlement terminal; and (c) used the embezzled cke card with the same method as written in the daily list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on the detailed statement of the use of transportation cards and the Kakao Stockholm dialogue content;

1. Relevant legal provisions of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)4 of the Act on Specialized Financial Business for Credit, and the choice of fines, respectively;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed several offenses without awareness of the crime.

However, his mistake is recognized and reflected.

agreed with the victim.