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(영문) 서울중앙지방법원 2015.01.20 2014고정4857

점유이탈물횡령등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who works as the head of the U.S. dollars in Seocho-gu Seoul Metropolitan Government.

1. Around 08:05 on July 1, 2014, the Defendant embezzled a national card (E) lost by the victim D on the street in front of Seocho-gu Seoul, Seocho-gu, by acquiring one copy of the resident registration certificate, and by not taking necessary procedures, such as returning it to the victim.

2. On July 1, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) around 10:23, 2014, at G convenience stores located in Seocho-gu Seoul Metropolitan Government, KRW 17,000, totaling KRW 328,700, such as KRW 17,000, such as 17,000, in settling five times as indicated in the attached crime list, the Defendant acquired financial benefits equivalent to the amount by allowing the victim H of the above convenience store to settle the price; (b) obtained financial benefits by allowing the said victim H to settle the price, as described in paragraph (1), and used the lost victim’s credit card unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the details of use of credit cards, receipts, and CCTV closures;

1. Relevant legal provisions concerning 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 Finance Business Act (the point of use of lost credit cards), and selection of fines;

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;