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(영문) 서울남부지방법원 2020.01.17 2019고단5859
점유이탈물횡령등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement of stolen objects, etc. at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on April 8, 2019.

On November 8, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on November 16, 2019.

【Criminal Facts】

1. Embezzlements of lost possession;

A. At around 01:00 on June 21, 2019, the Defendant, who committed the crime of June 21, 2019, embezzled the Defendant, on the front side of the Young Children Park in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, without taking necessary measures, such as acquiring the cream card lost by the victim B and returning it to the victim.

B. On July 19, 2019, around 00:30 on July 19, 2019, the Defendant embezzled the Dsports Center prior to the Dsports Center located in Yeongdeungpo-gu Seoul Metropolitan Government, without taking necessary measures, such as acquiring the victim E’s check and returning it to the victim.

2. Around June 21, 2019, the Defendant violated the Specialized Credit Financial Business Act and the Defendant, at the G convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, using H’s physical card to calculate the price of goods or service charges worth KRW 43,800 in total 15 times from that time until 06:27 of the same day, by presenting 1,100 to the victim, who could not be identified as if there was a legitimate right to use the B’s physical fitness card, as described in paragraph (1), as if there was a legitimate right to use the said card.

3. On July 19, 2019, around 01:42, the Defendant ordered food at “K” restaurant operated by the Victim J in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, as if the Defendant would pay the amount to the victim.

However, the defendant is willing to pay the price even if he orders food.

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