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Reasons
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(영문) 의정부지방법원 2020.09.24 2020고단1363
점유이탈물횡령등
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On January 19, 2020, the Defendant: (a) on January 19, 2020, got a copy of the card in the name of the victim who lost D and returned it to the victim; and (b) did not take necessary procedures, such as obtaining a copy of the card in the name of the victim, and returned it to the victim.

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

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On January 20, 2020, the Defendant purchased 1 A tobacco from the F convenience point of the victim’s day where it is impossible to know the name in Namyang-si, Namyang-si, the Defendant, as stated in paragraph (1), to pay KRW 9,000 as the price by presenting it to the victim as if he was the Defendant’s card, and received the above tobacco 1 A.

Accordingly, the defendant used lost credit cards and acquired property by deceiving the above victim.

B. Around 00:02 on January 20, 2020, the Defendant purchased 2 cigarette at the first convenience store operated by the victim H in Namyang-si G, Namyang-si, and the Defendant, as stated in paragraph (1), presented the card acquired to the victim as if the Defendant was the Defendant’s card, and paid 90,000 won as the price, and received 2 cigarette of the said tobacco.

Accordingly, the defendant used lost credit cards and acquired property by deceiving the above victim.

3. On January 20, 2020, the Defendant attempted to acquire economic benefits by deceiving the victim by paying the drinking value equivalent to 140,000 won at the market price as stated in paragraph (1). However, even though the Defendant failed to obtain approval due to a report on loss, it did not constitute a wind for which approval is refused due to a report on loss.

Summary of Evidence

1. Defendant's legal statement;

1. The details of each written statement of D and K, and the on-site photograph of the IE Receipt.

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