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(영문) 인천지방법원 2013.12.18 2013고단6062

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year and eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on February 1, 2013, and the judgment became final and conclusive on February 8, 2013, and is currently in the period of suspended sentence, and is currently in the period of suspended sentence. The suspended sentence was revoked on September 4, 2013 due to a violation of the Probation, etc. Act, and is currently in the period of reappeal.

【Criminal Facts】

1. At around May 29, 2013, the Defendant found the SK C’s possession of the victim at the lower space of the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-gu.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On May 30, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) paid a total of KRW 18,500,00,000, such as small liquor 1 disease and one roasting, roasting, and one roasting, etc., in the E restaurant located in Goyang-si D; (b) presented the Victim C’s SKS card, as described in paragraph (1), to an employee whose name is unknown as he/she was a legitimate holder; and (c) signed the sales slip and acquired property equivalent to the same amount after the said employee’s completion of payment with the physical card.

Accordingly, the defendant acquired property and used lost cards illegally.

3. On May 30, 2013, the Defendant attempted to acquire property benefits by presenting the KSC card acquired, as described in paragraph (1), to an employee who was unable to know his/her name as if he/she was a legitimate holder, at the G singing room located in Yongsan-gu, Seocho-gu, U.S. on May 30, 2013. However, the Defendant failed to perform an attempted attempt without being approved due to lack of balance of the said CP card, even though he/she failed to obtain approval.

b)a summary of the evidence;