점유이탈물횡령등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. Around March 22, 2016, the Defendant: (a) obtained one credit card (C) owned by the victim B before the Songpa-gu Seoul Police Station; (b) but he/she did not follow necessary procedures, such as returning it to the victim; and (c) embezzled as he/she thought he/she had to have.
2. On March 22, 2016, the Defendant purchased clothes equivalent to KRW 2.6 million from “F (F)” located in Songpa-gu Seoul, Songpa-gu, Seoul, for the operation of the Victim D, and used the lost credit card as above, as if there was a legitimate right to use the credit card of KRW 2.6 million with the said new credit card, the Defendant settled the amount of KRW 2.6 million with the said new credit card, and received any clothing equivalent to KRW 2.6 million from the victim, and then received goods equivalent to KRW 5,655,480 from the victim on seven occasions in the same manner as indicated in the attached list of crimes. The Defendant denied the use of the lost credit card.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police interrogation protocol against the accused;
1. The police statement concerning B;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card, including the point of use of lost credit card), and the selection of each fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) 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;