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(영문) 인천지방법원 2018.04.20 2018고정308
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From September 15, 2017, around 20:10 on September 15, 2017, the Defendant embezzled one bank cream card lost to the victim C (33 tax) this by acquiring the cream card and returned it to the victim in front of the Nam-gu Incheon city. On September 15, 2017, the Defendant: (a) by paying KRW 4,800 from Et in Nam-gu Incheon Metropolitan City, Incheon, and KRW 22,150 from G Et to 22,158 on the same day; and (b) by presenting the Defendant’s card book that was issued to each proprietor, the Defendant took property profits equivalent to KRW 26,950 on two occasions in total.

3. The Defendant violated the law of financial business specializing in credit was unlawfully used the C-owned C-owned C-owned C-related card as stated in the above paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. C’s statement;

1. Egy CCTV images [the defendant was aware that he was using his card with the knowledge that he was his card because he was not good enough;

The argument is asserted.

According to the above evidence, the defendant stated in the investigative agency that "the defendant discovered the victim's body card located on the road where he exercises and returns to the house, and knew it to his body card and used it immediately on the day." The above evidence is not sufficient enough enough.

It is not easy to think that it is lost if he finds a physical card away from the roadside floor immediately in the absence of special circumstances that he/she loses the physical card.

In addition, in light of the fact that the defendant does not check and examine whether he actually possesses his physical card, and that the defendant used the immediately acquired physical card, and that the payment of the physical card was refused, and that the immediately acquired physical card returned to the house and immediately abandoned it, the defendant knew that he acquired the other person's physical card.

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