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(영문) 서울북부지방법원 2014.10.14 2014고단2871
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around 16:00 on July 6, 2014, the Defendant: (a) discovered a national card lost by the victim B, and went back without taking necessary procedures, such as returning it to the victim, even though he/she found out one copy of the national card that was lost by the victim B, at the center of the ductal calculation where the riverwon was located.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Violation of the Specialized Credit Financial Business Act and the Defendant: (a) around 21:10 on July 6, 2014, at around 21:10, the Defendant presented the national card of B acquired as referred to in paragraph (1) of this Article, as if he were his card, to an employee, and was issued a crub in an amount equivalent to 11,000 won at the market price.

On July 6, 2014, the Defendant: (a) around 21:33, at G G G G Gyeong-gu Seoul Central Government, presented the above national card to C and had it settled as one’s own possession; and (b) received a delivery of KRW 240,000 at the market price.

On July 21, 2014, the Defendant, at around 21:38, presented the above national card to a staff member at the bail located in Jung-gu Seoul Metropolitan Government F, as his own possession, and received the delivery of juice equivalent to KRW 503,000 at the market price.

Accordingly, the defendant uses stolen credit cards and received property by deceiving victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of each card sales slips and certificates of use of KB National Card;

1. Relevant Article 360 (1) and 347 (1) of the Criminal Act concerning facts constituting an offense, the choice of a fine, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing order under Article 334(1) of the Criminal Procedure Act has no special criminal record on the grounds of sentencing, and the defendant has been referred to a formal trial, but the punishment shall be determined as ordered in consideration of the fact that the defendant has fully repaid the amount, the confession of each of the crimes in this case and reflects the depth thereof.

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