beta
(영문) 서울북부지방법원 2018.01.11 2017고정1211

점유이탈물횡령등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 9, 2016, the Defendant embezzled the property that he/she had on his/her own idea and lost possession of the victim, without following necessary procedures, such as acquiring one copy of the victim B (31 years old)’s ownership card (credit card) and returning it to the victim on the road in front of the Gangseo-gu Seoul Metropolitan Government’s sublime market.

2. Around October 9, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, purchased tobacco 10: (a) tobacco 10; (b) a e-mail, e-mail, e-mail cans; and (c) the e-mail card he/she acquired was presented as his/her card and presented the e-mail card as if he/she was his/her card; and (d) a total of 50.400 won was purchased on two occasions.

In this respect, the Defendant used the credit card acquired by others unlawfully, and received property equivalent to 50,400 won by deceiving the victim.

3. On October 9, 2016, the Defendant attempted to commit fraud: (a) purchased tobacco 13 and one milk, etc. from the F convenience store located in Gangnam-gu Seoul Metropolitan Government, with a horse of an amount equivalent to KRW 59,800,00 at the market price; (b) presented the physical card obtained to an employee whose name is unknown, as if he was his own card; (c) but (d) failed to make payment due to the victim’s loss report and failed to bring about an attempted crime.

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. Details of use of each card;

1. Investigation report (the details of use of D convenience store cards) (the application of statutes);

1. Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, Article 70(1)3 (the point of unlawful use of credit card) of the Financial Business Specializing in Credit Business Act, Article 360(1) of the Criminal Act (the point of embezzlement of possession) and selection of each fine;

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