logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.06.20 2018고정763
점유이탈물횡령등
Text

1. The defendant shall be punished by a fine of one million won;

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

Reasons

Punishment of the crime

1. On August 19, 2017, the Defendant: (a) discovered the Samsung Card (Credit Card Number D) in the name of a woman who was lost by the victim B in the Dong-gu Park Dong-ro, Busan, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and brought it arbitrarily without taking necessary procedures, such as returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. From August 19, 2017, the Defendant purchased “F” tobacco 1” equivalent to KRW 4,100 from “F” convenience stores located in Busan Dong-gu, Busan, for the use of the lost credit card and the fraud, and paid the price by using the credit card under the title C embezzled as if he/she is a lawful holder, and then, from that time to August 22, 2017, he/she used each credit card lost on one occasion as shown in the separate sheet, and acquired property or property gains equivalent to KRW 31,660 in total by deceiving each victims by these methods.

Summary of Evidence

1. Statement by the defendant in court;

2. B written statements;

3. Detailed statements on the use of Samsung Cards and sales slips of each credit card.

4. Each text message image;

5. Application of each police investigation reporting statute;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Embezzlements of deserted articles in possession: Article 360 (1) of the Criminal Act (elective selection);

(b) Use of each lost debit card: Article 70 (1) 3 of the Act on Financial Business Specializing in credit.

(c) The point of each fraud: Article 347 (1) of the Criminal Act (the choice of a penalty);

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment and punishment for concurrent crimes prescribed in the crime of violation of the Act on Specialized Credit Business under attached Table No. 10, the most severe punishment and punishment for concurrent crimes);

3. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 75 million won; and

2. In this case, a decision of sentence shall acquire the credit card in the name of the defendant lost C.

arrow