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(영문) 서울중앙지방법원 2018.02.07 2017고정3542

점유이탈물횡령등

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On August 19, 2017, the Defendants, at around 13:40 on August 19, 2017, acquired a new credit card (number : F) with the lost credit card (number : 44) from the “D” located under the underground of Jongno-gu Seoul Metropolitan Government C Building, and did not take necessary procedures, such as returning to the victim, and did so.

As a result, the Defendants conspired in collusion and embezzled the property that was separated from the possession of the victim.

2. Defendant A

A. On August 19, 2017, the Defendant, at around 16:12, 2017, committed as if he/she was a legitimate holder of a credit card lost by E under the above paragraph (1), with the owner or employee of the victimized person in Gwanak-gu Seoul Special Metropolitan City, “H convenience store,” and acquired the said goods by deceiving the purchase price of 20 won of tobacco equivalent to KRW 8,200 with the said card.

2) On August 19, 2017, around 16:13, 2017, the Defendant: (a) took place in the Gwanak-gu Seoul Special Metropolitan City, “H convenience store”; (b) as if the victim was a lawful holder of the credit card lost by E under the foregoing paragraph (1), and (c) paid the purchase price of KRW 11,200 tobacco 2A and 2 C with the said card, and acquired the said goods by deceit.

3) On August 19, 2017, the Defendant, at around 16:17, committed as if he was the lawful holder of the credit card lost by E under the above paragraph (1) to the injured party or his employee in Gwanak-gu, Seoul Special Metropolitan City, or in J convenience store, and acquired the said goods by defrauding the purchase price of tobacco equivalent to KRW 41,000 with the said card.

4) On August 19, 2017, the Defendant, at around 16:45, committed as if he/she was a legitimate holder of a credit card lost by E under the above paragraph (1) to the owner or employee of the damaged person in the “M” located in K and L1, Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, as well as the owner or employee of the lost credit card, and acquired the above goods by defrauding the purchase price of the commodities equivalent to KRW 119,00 with the above card.

5) On August 19, 2017, the Defendant was the non-victim of the victim in the “N” clothing store located in K and L2 in Gwanak-gu in Seoul Special Metropolitan City on August 16:48, 2017.