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(영문) 청주지방법원 2019.06.18 2019고정182
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. Around December 2, 2018, the Defendant: (a) obtained a copy of the Kakakafren Ma-dong-dong-dong-U.S.-dong-dong-U.S.-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Si; (b) did not take necessary procedures, such as returning it to the victim; and

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

2. On December 4, 2018, the Defendant violated the Specialized Credit Financial Business Act: (a) around 12:56, December 12:56, 2018, on board a bus at the bus bus stops located in the area of the Cheongju-dong-dong bus stops, the Defendant paid a total of KRW 76,800,00 in total, up to 67 times until February 21, 2019, a bus fee for connection with the card terminal installed on the bus with which the e-mail card acquired, such as the preceding paragraph, was paid.

As a result, the defendant entered information into a computer and other information processing device without authority, thereby obtaining financial benefits equivalent to the above bus charges, and using a transportation check card lost by another person.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on the details of use of transportation cards;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of stolen articles), Article 347-2 of the Criminal Act (the fraud by use of computer, etc.), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of lost check), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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