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(영문) 수원지방법원 2016.09.22 2016고단1329
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1329]

1. On December 10, 2015, the Defendant: (a) conspired with C, and on December 10, 2015, the victim F was lost on the front of the Jinan-dong, Jin-dong, Jin-dong, Jin-dong, the Defendant discovered one physical card 1 and one credit card 1 and one card 1 and one card 1 of the card f’s mother’s G victim G with entrance ki; and (b) the Defendant reported the network and put the above card wall in the main machine, and acquired it.

As a result, the defendant embezzled the property that has deserted another person's possession in collusion with C.

2. Violation of the Act on Financial Business Specializing in Credit, and fraud, the Defendant, along with C, conspired to use the credit card in the above G name and the physical card acquired as above, to purchase goods or to pay charges for scambling, etc.

The Defendant, in collusion with C on December 10, 2015, at H I convenience store located in Y around 05:41 on December 10, 2015, the Defendant unlawfully used a credit card and acquired pecuniary benefits equivalent to the same amount from the victim’s name, who is the owner of the convenience store, by inducing C, as if he/she purchased tobacco 1, by presenting the new credit card of the said G, lost as described in the preceding paragraph, as if he/she were the real employee of the said credit card, and by inducing C to settle the amount of KRW 4,700 as the price for the goods. From around that time to October 10, 2015, the Defendant unlawfully used the credit card of KRW 102,300 in total over eight times from that time, and acquired pecuniary benefits equivalent to the same amount.

Accordingly, the defendant, in collusion with C, used the lost credit cards and physical cards of others, and by deceiving employees, acquired a total of KRW 102,300 from victims of the card business owner.

[2016 Highest 2744]

3. Special larceny Defendant: (a) is a P cafeteria located in G (18 S), K (15 S), L, M, and N on April 20, 2016, along with G (18 S), G (15 S), M, and N.

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