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(영문) 수원지방법원 2014.05.29 2014고정1289
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon District Court on September 5, 2013, and the judgment was finalized on November 8, 2013.

[2014 high-level 1289] On January 3, 2013, the Defendant acquired one copy of the modern card (E) lost by the victim D in front of the Cpcam located in Suwon-si B, Suwon-si, Suwon-si, 2013.

The Defendant, without taking necessary procedures such as returning the credit card acquired as above to the victim, embezzled the property that he/she left the possession of the victim for the purpose of using it.

[2014 High Court Decision 1290]

1. On October 17, 2012, the Defendant acquired at least 900,000 won at the mobile phone market price owned by the victim G, which was lost at the front of the Suwon-si F, Suwon-si, and one check card issued by the National Bank.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

In this way, the defendant embezzled the property that has escaped from the possession of the victim.

2. Around October 17, 2012, the Defendant violated the Specialized Credit Financial Business Act (illegal use of credit cards) issued sales slips by presenting 100,000 won in the victim’s name when settling an amount of KRW 100,000 in order to care within the “IMocom” located in Suwon-si, Suwon-si (H) on October 17, 2012, and then made a false signature on the sales slip, and then administered it to the guest room.

At around 05:11 of the same day, the Defendant used the above crow card to settle the amount equivalent to KRW 195,700 in total amount of KRW 195,700 at K convenience stores, KRW 62,300 at K convenience stores at around 05:15 of the same day, and KRW 4,800 at K convenience stores at around 05:22 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Each protocol of seizure and each list of seizure;

1. Records before judgment: Application of Acts and subordinate statutes by making inquiries, such as legal statements and criminal records of the accused;

1. Article 360(1) of the Criminal Act and Article 360(1) of the same Act concerning the applicable criminal facts and the selection of punishment;

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