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(영문) 부산지방법원 2014.04.17 2014고정133

점유이탈물횡령등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On October 31, 2013, at around 05:00, the Defendant embezzled Samsung Credit Card that the victim D (the age of 42) fell around the second floor of the Cju shop in Busan East-gu, Busan-gu, and embezzled that took place without reporting it to the police office, from the stairs of the second floor of the Cju shop in which he works as his employee.

2. On October 31, 2013, the Defendant violated the Specialized Credit Financial Business Act: (a) around October 10:28, 2013; (b) paid gasoline amounting to KRW 94,00,00 at the market price on G Abrote vehicles operated by the Defendant at the Frote stations located in Busan Dong-gu, Busan; and (c) obtained approval by presenting the victim D (age 42)’s Samsung credit card to use it for illegal use; and (d) took property benefits by avoiding the payment of the equivalent amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (including photographs attached thereto), investigation reports (including photographs attached thereto), and application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of stolen articles), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of lost credit cards) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., the primary crime and the fact that damage has been repaid to the victim, etc.);