beta
(영문) 청주지방법원 2016.11.15 2016고단1364

점유이탈물횡령등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On April 22, 2016, the Defendant discovered three new cards, such as a new card lost by the injured party B, and 50,000 won in the resident registration certificate, etc. in the street near the ‘land-distance market in a considerable area of Cheongju-si', Cheongju-si, and found them.

The Defendant, as seen above, did not take necessary procedures, such as returning the victim’s walled neck, and embezzled it.

2. Violation of the Specialized Credit Financial Business Act and attempted fraud;

A. At around 16:56 on the same day, the Defendant purchased two parts with the above new card obtained from the victim, who is the owner of the Dong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant used the lost credit card, citing that the Defendant was the defendant, and intended to pay 4,000 won, but was refused to accept the above report and did not commit an attempted act.

B. On April 23, 2016, around 09:47, the Defendant purchased phrases to the victim under the name in the name of the person who is the main owner of the instant card in the same manner, and used the lost credit card by presenting the said card in the same manner. However, the Defendant intended to pay 10,000 won, but failed to achieve that intention.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of the police statement concerning B;

1. Reports on internal investigation (specific circumstances for suspects);

1. A CCTV image closure photograph and a mobile phone closure photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act (the attempted fraud), Article 360 (1) of the Criminal Act (the point of embezzlement of property that has left possession), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of use of lost or stolen credit cards), and the selection of fines, respectively, for the crime;

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;