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(영문) 춘천지방법원 2016.04.05 2016고정21

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around August 16, 2015, the Defendant embezzled possession: (a) on August 16, 2015, the Defendant: (b) discovered the victim B’s cash 29,000 won; and (c) found the walletss containing the physical card of the foreign exchange bank; and (b) embezzled it without going through the procedures of returning to the victim. (c) On August 16, 2015, the Defendant acquired property benefits by obtaining KRW 9,900,000, embezzled from E, managed by the victim D, in Chuncheon-si, Chuncheon-si, as set forth in paragraph (1) from the victim D, which was embezzled as set forth in paragraph (1).

3. On August 16, 2015, the Defendant violated the Act on Specialized Credit Financial Business: (a) granted approval of KRW 9,900,00 to the Victim B’s C CC card obtained, as set forth in paragraph (1) from Switzerland, around August 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of B and D (victim);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of CCTV data-related statutes;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 70(1)3 (the use of lost e-mail card) of the Financial Business Specializing in Credit, Article 347(1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the nature of the crime and the method and method of the crime of this case are not good, but on the other hand, it is against the defendant's wrong recognition, and the amount of damage of this case is significant.

It is difficult to see that most damaged articles were returned to the victim, and that the defendant is "persons subject to the reduction of the above principal's burden on the vehicle," and even if there are economic difficulties, it seems that he is engaged in social welfare volunteer service, such as providing facility services at the welfare center for the elderly in Chuncheon, South and North Korea, and that he is given this species to the defendant.