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(영문) 수원지방법원 성남지원 2017.11.22 2017고정1245
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is a non-permanent position.

A. From November 20, 2016, the embezzlement of possession separated items, around 13:00, 29, 29 o-ro 94 o-gil-ro, Sungnam-si, Sungnam-nam-si, and around the claim apartment, the victim B who was on the street lost one copy of the card.

The defendant did not take necessary procedures such as returning the above acquired card to the victim and brought it to the victim.

Accordingly, the Defendant embezzled the property that was separated from the possession of the victim.

(b) Fraud;

1. On November 20, 2016, around 13:12, 200, at the D convenience store, the victim’s card acquired as above was acquired by defrauding KRW 9,000 by means of making settlement by presenting it to the source of occupation in which the victim’s card is the most good for himself/herself and is presented to him/her.

2. On November 20, 2016, around 13:21, 201, the Plaintiff acquired the value of the object 16,900 won in Franchis E, and in Franchis, in the same manner.

Accordingly, the defendant has taken property benefits equivalent to 25,900 won through a total of twice.

(c)

The Defendant violated the law of credit-based financial business by denying the victim B’s one card in the same manner as “B” at the same time and place as “B” above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. B written statements;

1. Application of Acts and subordinate statutes on suspect photographs and card receipts;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 347(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 70(1)3 (a) of the Act on Specialized Credit Business, and the choice of fines for each credit-based financial business;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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