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(영문) 서울서부지방법원 2019.01.30 2018고단3938

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 3938"

1. At around 15:00 on July 17, 2017, the Defendant: (a) did not take necessary procedures, such as acquiring two cards lost by the victim D; and (b) returning the card cards to the victim; and (c) embezzled the property that he/she had on his/her own idea and has left the possession of the victim.

2. On July 17, 2017, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) presented the e- card obtained from an employee in the victim’s name in the G convenience store near the said C Station as if he/she had a legitimate right to use the e- card as stated in paragraph (1) to pay the total amount of 12,300 won of goods, such as tobacco, and received the goods, and used the lost credit card.

3. The Defendant attempted to commit fraud, around July 17, 2017, presented at the I convenience store located in Eunpyeong-gu Seoul Metropolitan Government, as if he/she had a legitimate right to use the E card obtained as stated in paragraph (1) to an employee in the victim’s name, and intended to receive the goods by settling the total amount of KRW 8,200 for goods, such as tobacco, but did not commit an attempted attempt on the wind reported and refused to be approved by the theft card.

On October 28, 2018, the Defendant: (a) around 03:52 on October 28, 2018, 2018, at the front of the outdoor event room managed by the victim L, installed in the K Outdoor in Mapo-gu Seoul Mapo-gu, Seoul, the Defendant used the gap in which there is no person in the surrounding area to walk the tent of the above outdoor event room and intruded into it; and (b) carried one part of the clothes in the market price of 5,000 won under the control of the victim located in the place.

Accordingly, the defendant stolen the property managed by the victim by intrusioning on the structure at night.

Summary of Evidence

"2018 Highest 3938"

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Domestic investigation report (with regard to the verification of data using cards, ctv video recording), 2018, group 4142);

1. Defendant's legal statement;

1. A written statements on the preparation of L;

1. CCTV images, damaged articles, and photographs of the place of crime;