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(영문) 울산지방법원 2020.08.28 2020고정418
점유이탈물횡령등
Text

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

However, for one year from the date this judgment becomes final and conclusive, the above fine shall be executed.

Reasons

Punishment of the crime

The defendant is a person with intellectual disability 2nd degree, who lacks the ability to discern things or make decisions.

On August 1, 2019, when the Defendant acquired 1 Samsung Card (the card number C) lost by the victim B (the South and the age of 25) due to the care due to the care due to the non-defluence on August 1, 2019, the Defendant embezzled the property that left the possession of the victim without taking measures such as finding the victim or reporting to police authorities, etc.

B. At around 12:15 on August 6, 2019, the Defendant, within the “Ecafeteria” located in the Northern-gu, Ulsan-si, Ulsan-si, and calculated the amount equivalent to KRW 6,000 with the food value of KRW 6,00 by using the victim’s Samsung Card, which he acquired as referred to in the preceding paragraph, presented it to the victim F (n, 64 years old) who is a restaurant operator. (ii) On August 9, 2019, the Defendant denied the use of it by presenting it to the victim F (n, 64 years old) who is the main owner of the restaurant. (iii) On August 12:19, 2019, the Defendant used the victim’s Samsung Card, which was acquired as referred to in the preceding paragraph, to calculate the amount equivalent to KRW 6,00 with the food value of KRW 1,00 at the market price.

3) At around 19:01 on August 10, 201, the Defendant: (a) calculated the amount of KRW 1.6km 1 7,90,00 in clean oil, one 800, one 800, one 800, one 800, one 200, one 8,720, and one 8,720, in plastic bags, using the victim’s Samsung Card, which he acquired as referred to in the preceding paragraph, within the scope of “HEE” located in Nam-gu, Ulsan-si; (b) on August 11, 2019, the Defendant presented it to the victim I, who is a marina business owner, and used it. (c) At around 15:26, 15:27, the Defendant calculated the amount of KRW 1,29,00,000, 200,500,000 in total, using the victim’s Samsung Card, such as the preceding paragraph.

C. The Defendant, at the same time and place as paragraphs (b)(1), illegally acquired the victim who is the owner of a restaurant at around 12:15 when the Defendant committed the same act.

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