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(영문) 서울북부지방법원 2019.09.26 2019고정943

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 16:00 on April 6, 2019, the Defendant acquired one copy of the Nonghyup C Card (C) from which the victim B (Nam, 22 years old) was lost in the vicinity of the entrance of the Seocho-gu Seoul Metropolitan Government from the implied subway Station No. 5 times. 16:00.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On April 6, 2019, the Defendant in violation of the Fraud and Specialized Credit Financial Business Act purchased bread, etc. in “G” operated by the Eth (hereinafter “G”) from 17:10 on April 6, 2019, the Defendant acquired the said victim’s cream card in the name of 10,930 won by presenting the cream card he/she acquired as a legitimate licensee, and acquired the said victim’s cream card by receiving the said cream card and using the lost cream card, from that time to 18:29 on the same day, he/she acquired the goods equivalent to KRW 249,130,00 in total by the same three means, such as the attached Table 1 of Crime List 1, and denied the cream card.

3. On April 6, 2019, the Defendant attempted to purchase goods worth KRW 6,147,000 in total by eight times until 20:18 on the same day, as shown in the attached Table 2, from around 18:07 to around 20:18 of the same day, the Defendant attempted to purchase goods worth KRW 6,147,000 in total by the same eight times as in the attached Table 2, but failed to settle the account due to the lack of balance, etc., and failed to make such settlement.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Investigation report (the counter investigation of card users);

1. A detailed statement of the use of the victim’s lost card;