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(영문) 의정부지방법원 고양지원 2019.10.01 2019고정651
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 11, 2019, the Defendant embezzled one credit card from the name of the victim C (the 65 years of age) to his/her own possession, without taking necessary measures, such as returning to the victim, etc., at the Goyang-gu B and the preceding street of Goyang-si, Goyang-si, Goyang-si, 2019.

2. On May 12, 2019, the Defendant purchased goods equivalent to KRW 92,850, such as tobacco 2,00, from the E convenience store operated by the victim under the name in Mapo-gu, on May 12, 2019, using C’s credit card obtained as above, and continuously acquired goods equivalent to KRW 91,30,00, such as tobacco 2,000, from the G convenience store operated by the victim under the name in Mapo-gu, at around 21:53 on the same day, the Defendant purchased goods from the G convenience store operated by the victim under the name in Mapo-gu, and then acquired the goods from 184,150, on two occasions by presenting the completion of the contract to the employee who had worked at the time of purchasing

3. On May 12, 2019, the Defendant attempted to purchase goods equivalent to KRW 90,000 by presenting the completion to the employees who had worked at the time at the convenience store operated by the victim under the name in Seoul Mapo-gu H on May 12, 2019, using the credit card acquired as mentioned in the foregoing paragraph (1), and was refused to approve the settlement by reporting the loss of the card and subsequently attempted to do so.

4. On May 12, 2019, the Defendant violated the Specialized Credit Financial Business Act, using credit cards acquired as above (i.e., the Defendant illegally used credit cards lost on three occasions, including purchasing drinking water equivalent to KRW 2,200 from the vending machine in the central red line in the Dong-dong, Mapo-gu, Seoul, and purchasing goods, such as tobacco, at the same time and place as above (B).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of text messages on the use of cards, and the Acts and subordinate statutes on receipts related to the purchase of suspects;

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense and embezzlement of stolen objects under Article 360 (1) of the Criminal Act selection of punishment;

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