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(영문) 인천지방법원 2018.10.05 2018고정1809

점유이탈물횡령등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On April 11, 2018, the Defendant found one copy of Samsung C&C card, which was lost as a secondary caution by the victim D (the age of 30 per party) in front of the store under the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, on the street, around 12:40.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea.

2. On April 11, 2018, the Defendant: (a) around 14:25:2, the Nam-gu Incheon Metropolitan City building; (b) 1 punishment of female clothes equivalent to KRW 47,000 in the first floor C store; (c) 14:26:03 on the same day; (d) 1 punishment of clothes equivalent to KRW 14:26:47 on the same day; (e) 14:26:47 on the same day; (c) 14:27:37 on the same day; and (d) 14:27:37 on the same day; and (e) 14:28:32 on the same day; and (e) 14:300 on the same day; and (e) 14:30 on the same day, he/she purchased Samsung 100 on the same day, as he/she purchased 14:30 on the same day, he/she purchased 1000 on the same date.

3. Although a person violating the Act on Specialized Credit Financial Business does not unlawfully use another person’s credit card, the Defendant illegally used it by presenting it as a settlement method, such as Paragraph 2, by using Samsung C’s Samsung C, owned by the victim as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of Acts and subordinate statutes on receipts for goods purchased by a person under consideration by using a lost card, or a copy of a video photograph, which is purchased by the person under consideration, and a copy of a receipt for goods purchased by the person under consideration, using the

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act ( comprehensively referred to as fraud), Article 70(1)3 of the Act on Financial Business Specializing in Credit, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.