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(영문) 서울중앙지방법원 2017.10.24 2017고정2054

점유이탈물횡령등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 10, 2017, from around 20:00 to 03:00, the Defendant embezzled, on his own initiative, the Defendant: (a) obtained the modern credit card owned by the victim D in Seoul, which was lost; (b) but did not go through appropriate procedures, such as returning it; and (c) embezzled it.

2. On March 18, 2017, around 17:06, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased a letter of intent equivalent to KRW 69,00 at the Fnam direct office located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) took place the modern credit card acquired as if the Defendant were the Defendant, and settle the above clothing price; and (c) entices the employees of the Fnam direct office, thereby deceiving the said clothing; and (d) used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on occurrence and each internal investigation report;

1. Application of Acts and subordinate statutes on card use records;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of credit card loss) of the Act on Specialized Financial Business, and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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