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(영문) 광주지방법원 2016.09.02 2016고단2286

점유이탈물횡령등

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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On June 9, 2015, the Defendant was sentenced to two months of imprisonment with prison labor and one year and six months of imprisonment with prison labor in the Gwangju District Court for habitual larceny, etc., and completed the execution of the sentence on May 8, 2016.

1. At around June 7, 2016, the Defendant acquired one copy of the NongHyk Card, which was owned by the Victim C, in the vicinity of the parking lot of Seocheon-dong University Hospital in Seodong-dong, Seodong-gu, Gwangju.

The Defendant did not take necessary procedures, such as returning the 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. On June 7, 2016, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) around F convenience points operated by the victim E in Gwangju-dong-gu, Gwangju-gu; (b) as if the Defendant was the lawful holder of C’s physical card acquired as above, the Defendant purchased from the victim E the amount of KRW 9,000 tobacco equivalent to the market price of KRW 9,000, and paid the amount with the said physical card.

From that time until 23:48 of the same day, the Defendant provided the victims with the total amount of KRW 202,00 in the market price of KRW 202,00 through five times, such as the list of crimes in the attached list, and acquired by deception and used lost credit cards.

3. On June 8, 2016, the Defendant attempted to purchase 140,000 won at the victim H in Gwangju-dong-gu, Gwangju-gu, as if the Defendant was the lawful holder of C’s e-mail card, and to pay the e-mail card with the above e-mail card. However, even though the said card was stolen and the approval was refused due to the theft report, the Defendant attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. The statements and written statements of the victims;

1. A detailed statement of credit card approval, etc.;