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(영문) 서울중앙지방법원 2014.02.07 2013고정6484
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. On August 24, 2013, the Defendant: (a) obtained one set of 45,000 won in cash, which was owned by the victim B, from the south stairs of the Han River basin No. 55, the Han River basin located in Yongsan-gu, Yongsan-gu, Seoul, 23:36, and did not take necessary procedures such as returning it to the victim; (b) obtained one set of 400,000 won in the market price where the GS card is located; and (c) did not take necessary procedures such as returning it to the victim.

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

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On August 24, 2013, at around 20:48, the Defendant purchased one cigarette equivalent to KRW 2,500 at “D” at the “D” convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu underground convenience store, Yeongdeungpo-gu, Seoul, and had the victim E, an employee, engage in and deliver as if he/she had a legitimate right to use, thereby obtaining pecuniary benefits equivalent to the same amount and using the lost credit card.

B. At around 20:51 on the same day, the Defendant purchased KRW 30,000 from “G” located in Yeongdeungpo-gu Seoul Metropolitan Government F, which is equivalent to the market value of KRW 30,000, and had the victim I, an employee of the Defendant complete and deliver the 2C card as if he had a legitimate right to use, thereby obtaining pecuniary benefits equivalent to that amount and using the lost credit card.

C. At around 20:52 on the same day, the Defendant purchased the 1st class of 68,000 won of the market price at the food store of the above “G,” and had the said victim I, an employee, pay the said amount of the 2nd class, i.e., the 68,000 won of the market price, and issued the 2nd class of the 1st day as if he had been duly entitled to use the 3nd class of the 1st class of the 1st day.

The defendant is at around 20:55 on the same day.

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