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(영문) 서울남부지방법원 2019.06.10 2019고정88
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. On November 19, 2017, the Defendant acquired approximately KRW 100,000,000, which included KRW 30,000,000, in cash 20, from “Chanwon” located in Gangseo-gu Seoul Metropolitan Government, the victim’s driver’s license, credit card 1 (in Korea), 3 (in company, agricultural cooperative), security card 2 (in company, national cooperative), security card 2 (in company, company), and 20,000.

The Defendant, as above, did not follow necessary procedures such as returning the victim’s wall that he acquired, and embezzled the property that he thought to have, and has left the possession of the victim.

2. From around 19:29 on the same day, at around 19:29 of the same day, the Defendant presented the victim’s name unsatisfying, who is an employee of Gangseo-gu Seoul Metropolitan Government, as if he was the owner of the above national physical fitness card, and then used the check card lost by settling 40,000 won a day with the above physical fitness card, and acquired the victim’s pecuniary benefits equivalent to 40,000 won by deceiving the victim, and then purchased goods, etc. over 17 times from around that time to November 20, 2017, as indicated in the separate sheet of crime, and used the check card lost by settling the price, and acquired property or pecuniary benefits equivalent to 358,750 won by deceiving the victim.

3. Around November 201, 2017, the Defendant violated the Specialized Credit Financial Business Act and attempted to pay the purchase price by purchasing the unclaimed goods at “G” located in the Gangseo-gu Seoul Metropolitan Government F, and presenting a credit card and check card acquired as stated in paragraph (1) to the victim due to his/her personal uncertainty. However, the Defendant failed to obtain approval due to the said D’s theft or loss report and failed to perform such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to a detailed statement on approval of the KB National Card / H CCTV investigation);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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