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(영문) 서울서부지방법원 2021.01.11 2020고단3338

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2020, the Defendant embezzled the property that was possessed by the victim, without following necessary procedures, such as acquiring one credit card (MoD) owned by the victim C, and returning it to the victim, in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around July 24, 2020.

2. On July 24, 2020, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 06:42, 202, at the F convenience store located in Jung-gu Seoul Metropolitan Government, the Defendant settled the total amount of KRW 64,250 won by using the above credit card as indicated in the list of crimes, such as presenting the credit card referred to in paragraph (1) (Mo D) to employees in the name of the above convenience store as if the Defendant was a legitimate licensee.

Accordingly, the defendant used lost credit cards and, at the same time, deceiving victims to acquire financial benefits equivalent to 64,250 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers concerning the defendant's legal statement G;

1. Application of the Acts and subordinate statutes to photograph the victim's modern card to take a photograph, to photograph the CCTV images of H convenience store, to photograph the H convenience store receipt, to the victim's written statement (C), to report internal affairs (STV image and receipt confirmation);

1. Relevant legal provisions of the Criminal Act and Articles 360(1), 347(1), and 34(1) of the Criminal Act with respect to criminal facts: (a) the principal offender is affiliated with the list of offenses Nos. 6, 7, and 34(1) of the same Act; (b) the principal offender is affiliated with the list of offenses; (c) Article 70(1)3 of the Act on Business of Financial Services Specializing in Credit; and (d) the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 62(1) of the Criminal Act (see, e.g., "the grounds for sentencing")

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service work;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of the recommended punishment based on the sentencing criteria: Imprisonment with prison labor for six months to fifteen years (in accordance with crimes for which the sentencing criteria are not set).