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(영문) 서울중앙지방법원 2017.03.24 2016고정3639

점유이탈물횡령등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. On April 4, 2015, the Defendant, at around 01:00, found one LG smartphone in an amount equivalent to KRW 700,000,000, owned by the victim B (43 tax) on the street in front of the headquarters of the 66-Korea Foreign Exchange Bank.

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

B. On May 23, 2015, around 02:00, the Defendant acquired one copy of the bank credit card, which is owned by the victim C at a 102-dong Underground Shopping Center No. 18, Jung-gu, Seoul, Jung-gu, Seoul, which contributed to the loss of the victim C (the 28 years of age).

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

(c)

On May 23, 2015, at around 04:00, the Defendant acquired a copy of Samsung Credit Card, which is the one owned by the Defendant, in front of the Chinese Embassy in Korea, the victim D (Woo and age 41) was lost in front of the Korean Embassy.

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

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On May 23, 2015, around 09:54, the Defendant presented Samsung Credit Card, as described in paragraph (c) of Article 1, to the victim G, an employee, at the F convenience store of building E in Jung-gu Seoul Metropolitan Government, as one’s own way, presented Samsung Credit Card as if he were the employee, and then changed the 2 lux of tobacco by horse.

However, the credit card was owned by D and did not have the intent or ability to pay tobacco values to the victim in a normal way.

Nevertheless, the Defendant was issued two cigarette as a horse with the market price of 90,000 won from the injured party.

Accordingly, the Defendant, by deceiving the victim, received property and used lost credit cards.

B. On May 23, 2015, the Defendant is an employee at the I convenience store located in Jung-gu Seoul Metropolitan Government H around 09:58.