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(영문) 수원지방법원 안양지원 2017.11.23 2017고정663
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On May 18, 2017, the Defendant: (a) was aware that he/she had to have his/her own possession without following necessary procedures, such as returning to the victim, even though he/she acquired a new bank physical card that was lost by the victim D on the road in front of the Maan-gu, Ansan-si, Mayang-si; (b) around 18:30,000.

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

2. On May 18, 2017, the Defendant in violation of the Act on Specialized Credit Financial Business purchased goods equivalent to KRW 5,500,00, such as chere, using the check card obtained in the manner described in paragraph 1, from “F E” located in Ansan-si, Mayang-si, Annyang-si, and purchased goods equivalent to KRW 11,80,00, such as chere at night, from the “F E” around 19:50 on the same day.

Accordingly, the defendant used a physical card owned by the lost victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes of D;

1. Article 360 (1) of the Criminal Act Article 360 of the relevant Act concerning criminal facts, Article 70 (1) 3 of the Act concerning credit-based financial business, and selection of fines;

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;

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