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(영문) 서울서부지방법원 2018.09.12 2017고단2536

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 16, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Seoul Western District Court, which became final and conclusive on February 24, 2017, and is currently under suspended sentence.

[Criminal Facts]

1. On August 13, 2017, the Defendant: (a) on August 13, 2017, up to 03:05, he/she acquired one mobile phone with one credit card and one national physical check card in the vicinity of the newcomer in Eunpyeong-dong 610-2, Eunpyeong-gu, Seoul.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant, in fact of the violation of the Act on Financial Business Specializing in Fraud and Credit Business, acquired a national body card lost by B, and thus, did not have a legitimate right to use the card, and thus, did so as to avoid paying the price of the goods.

On August 13, 2017, at around 09:35, the Defendant presented the above e-mail card as if he had been duly entitled to use the said e-mail card at the victim D management convenience store located in Eunpyeong-gu Seoul Metropolitan Government, and had the said victim settle the e-mail tobacco amounting to KRW 3,600,000, the market price of which is equivalent to KRW 3,600.

From that time to 12:45 on the same day, the Defendant had the victims settle a total of KRW 325,600 on nine occasions, such as the list of offenses, and acquired financial benefits equivalent to the same amount, and used the lost check cards.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of B, D, and F;

1. A report on investigation;

1. Each receipt; and

1. Previous convictions: Inquiry into criminal history, investigation reports (the records of the same type of crime, confirmation of the facts of crimes during the period of probation, and binding of the relevant judgments, etc.);