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(영문) 서울중앙지방법원 2014.05.29 2014고단1889
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Embezzlements of lost possession;

A. On November 28, 2013, around 23:30 on November 28, 2013, the Defendant acquired a new card (credit number D) in the name of the victim C lost in the south of the Gangnam-gu subway 2, Gangnam-gu, Seoul, but did not take necessary procedures, such as returning it to the victim, and embezzled the Defendant’s own idea.

B. At around 02:00 on February 8, 2014, the Defendant: (a) obtained one credit card owned by the injured party under his/her name in the vicinity of the Seocho-gu Seocho-gu Seoul Seocho-gu subway 2, and returned it to the injured party; and (b) embezzled the Defendant’s thought to have it without following necessary procedures.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On November 29, 2013, at around 04:18, the Defendant purchased clothing in the “G” store of the victim F’s 2nd underground floor of Jung-gu Seoul, Jung-gu, Seoul, and then, the Defendant presented it to the victim as if he was the Defendant’s credit card, despite the fact that the credit card in the name C was lost as referred to in subparagraph 1(a), and illegally used the credit card which was prepared and lost by preparing the card sales slip as if he was the Defendant’s credit card, and then acquired it by fraud after receiving one punishment amounting to KRW 438,00 in the market

B. At around 04:34 of the same day as the above paragraph (a) above, the Defendant purchased clothes in the “I” store of the victim H operation on the second floor of Etawork, and, despite that the credit card in C was lost as in the first paragraph (a), it presented to the victim as if it was the Defendant’s credit card, and used the credit card lost by preparing and using the card sales slip as if it were the Defendant’s credit card, and then, the Defendant acquired it by deceiving the victim with one punishment equivalent to KRW 585,000 at the market price.

3. The Defendant attempted to commit fraud, around November 29, 2013, purchased cosmetics at the cosmetics shop in J 1st, Jung-gu, Seoul, Jung-gu, Seoul, despite the fact that the credit card in C was lost as referred to in paragraph 1(a).

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