beta
(영문) 서울북부지방법원 2017.05.11 2017고정541

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 26, 2016, the Defendant, at around 17:00 on December 26, 2016, acquired a copy of the Victim B (Min, 34 years old)’s Dobong-ro 337 in the street near the river basin in Gangnam-gu Seoul, Gangnam-gu, Seoul.

The defendant did not make an effort to return the above acquired property to the police authorities by reporting it to the victim, and embezzled it on his own idea.

2. From December 27, 2016, around 06:26, the Defendant violated the Act on Financial Business Specializing in Credit and the Defendant committed as if he/she had the right to use the e-mail card in the name B acquired, such as the preceding paragraph, at E convenience stores located in Yeongdeungpo-gu Seoul Metropolitan Government E, and presented it to the seller who was not entitled to use the e-mail card, thereby illegally using the e-mail card embezzled by having the said seller prepare the sales slips equivalent to the e-mail amount, and then illegally using the e-mail card in the same manner seven times in total from that time until December 29, 2016, as shown in attached Table 1. < Amended by Presidential Decree No. 27726, Dec. 26, 2016>

The Defendant, as shown in the attached Table 1 List 1, deceiving each seller on seven occasions, and received property worth KRW 34,200 in total from the seller.

3. On December 27, 2016, around 05:23, 2016, the Defendant, including computers, was taking aboard and getting off a bus of 143 1,00 p.m. between the opening-dong in Seongbuk-gu Seoul, Seongbuk-gu, in order to contact the bus charge terminal and settle the bus fee of KRW 960,00,000, by allowing the Defendant to enter information without authority in the information processing system, such as a computer, and to process the information processing, thereby acquiring property benefits equivalent to KRW 9,470,00 in total, from that time until December 29, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of the credit card sales slip by the victim;