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(영문) 서울북부지방법원 2017.08.31 2017고정867
점유이탈물횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around February 21, 2017, the Defendant embezzled that he/she would have on his/her own thought without following necessary procedures, such as acquiring one copy of the national bank physical card lost by the victim C (23 tax) in the non-permanent area of offset Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, and returning it to the victim.

A. On February 7, 2017, the Defendant purchased approximately KRW 21:13,00 from E located in Dobong-gu Seoul Metropolitan Government Dobong-gu, and received property equivalent to KRW 138,00 by presenting it to an employee who was unable to know his/her name as if he/she was his/her card.

B. On February 7, 2017, the Defendant purchased a liverer, etc. in the above “E” around February 21, 2017, and received property equivalent to KRW 91,900 by presenting it to the employees, who are not aware of the name as if he was his own card.

As a result, the Defendant used the credit card acquired by others unlawfully, and received property amounting to KRW 229,900 from the injured party twice by deceiving others.

3. On February 7, 2017, the Defendant, who attempted to commit fraud, purchased goods equivalent to KRW 367,00,00, such as Kim and the father, in E located in Dobong-gu Seoul Metropolitan Government, from around February 21, 2017, and subsequently, attempted to receive property by presenting the physical card of a national bank owned by the victim C (23) to an employee who was unable to identify his/her name as if he/she was his/her card, but was not paid due to the victim’s theft report, but failed to bring about such intent.

Summary of Evidence

1. Statement made by the police with regard to C;

1. On-site reports (CCTV);

1. Each report on investigation;

1. A receipt and a detailed statement of refusal to approve;

1. Application of Acts and subordinate statutes to victims and suspect cards photographs;

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 347(1) of the Criminal Act concerning the criminal facts.

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