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Reasons
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(영문) 서울서부지방법원 2017.04.12 2017고정103
점유이탈물횡령등
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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. On August 29, 2016, the Defendant embezzled the property that he/she had on his/her own think, without following necessary procedures, such as acquiring the card from a guest whose name is unknown, and returning it to the victim, who fell into the taxi that he/she operated in the vicinity of the salt hold 9 of Gangseo-gu Seoul Metropolitan Government (Sae-dong) around August 29, 2016, at around 09:00, but instead, he/she embezzled the property that he/she left the possession of the victim.

B. On October 4, 2016, around 13:54, 2016, the Defendant embezzled the property that he/she left the possession of the victim, without following necessary procedures, such as acquiring the wall’s name on the part of the customer with Samsung Card owned by him/her, and returning it to the victim, in front of the Canadian Embassy located in Jung-dong, Jung-gu, Seoul, Seoul, the Canadian Embassy located in front of the Canadian Embassy 21 (YY).

2. On August 29, 2016, around 09:17, the Act on the Financial Business Specializing in Credit and the Fraudulent Defendant used credit cards lost at least KRW 398,580 by paying 10,00 on October 4, 2016, from the time when he/she uses the credit card lost by settling 10,000 won under the name of the legitimate possession of the lost credit card, as shown in the list of crimes in the attached Table, and acquired the same amount of monetary benefits by deceiving the victims whose name is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. B written statements;

1. B A description of approval of one card, and application of C’s receipt of damage;

1. Article 360(1) of the Criminal Act (the embezzlement of each possession) and Article 347(1) of the Criminal Act as to the facts constituting an offense, respectively.

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