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(영문) 광주지방법원 목포지원 2013.04.02 2012고정300

점유이탈물횡령등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 13:00 on October 13, 201, the Defendant acquired the victim B’s four credit cards (foreign currency check, national card, corporate check, and new card) at the top of the Embrypt around the Emba-dong, Mapo-si.

The Defendant, as seen above, embezzled the credit card acquired without following necessary procedures, such as returning it to the victim.

2. The Defendant violated the Specialized Credit Financial Business Act: (a) around 15:00 on the same day as paragraph (1) of this Article, purchased brates, labels, etc. in Franpo City C; and (b) paid by credit card (credit card, national card) in B.

Accordingly, the Defendant used stolen credit cards.

3. The Defendant, at the time and place as referred to in paragraph 2, purchased clothes, etc. from the above C occupiedwon D, and settled KRW 178,00,00, by presenting the e-mail card owned by the victim B as one of his/her card.

As such, the Defendant had the above source pay the above amount of KRW 178,00,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Copies of sales slips;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 360 (1) of the Criminal Act (the embezzlement of stolen cards), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen cards), Article 347 (1) of the Criminal Act 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;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;