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(영문) 서울북부지방법원 2017.11.16 2017고정1709
점유이탈물횡령등
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

“2017 Highly 1709”

1. The Defendant, on October 23, 2015, embezzled of possession: (a) around 23:00, on the street in front of the “Creing room” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) the victim D’s market value of KRW 10,00,000 at which the victim D lost; and (c) the victim D’

Finding Bank's credit card 1 copy, market value of 200,000 won, and then embezzled it without following necessary procedures such as returning it to the victim.

2. On October 24, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 00:39, 2015, the Defendant presented the credit card obtained from the victim F in Gangnam-gu, Seoul, to the victim, and was provided with 20,000 won for singing room use by settling accounts with the victim as set forth in paragraph (1) and was illegally used by the credit card.

around 21:40 on August 11, 2015, the Defendant suffered injury, such as the damage of head of unknown head, who is in need of the victim I (59)’s body and carried the body of the Defendant’s wall and carried the body of the victim into the wall, on the road that the victim I (59 years of age) flows in front of the Seoul Southern-gu Seoul Southern-gu.

Summary of Evidence

“2017 Highly 1709”

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Domination of damaged articles 1710 Maz. 2017;

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of credit card) of the Act on Specialized Financial Business, Article 257(1) of the Criminal Act, and the choice 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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