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(영문) 대전지방법원 2015.01.29 2014고정2060
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 17:40 on December 14, 2013, the Defendant: (a) obtained one copy of a bank check (debit card) owned by the victim B before the Dong-dong exhibition center of Daejeon-dong, Daejeon-dong; (b) but did not follow necessary procedures, such as returning it to the victim; (c) he/she embezzled his/her possession on his/her own idea without taking necessary procedures.

2. On December 14, 2013, at around 16:54, the Defendant purchased “D” 2 meceded by the victim’s name in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, by purchasing 16:54, the Defendant: (a) purchased 2 meced meced 1, and (b) issued the above-mentioned debit card to the victim, and (c) had the victim prepare sales slips; (b) signed and lost in the signature column of the sales slip; and (c) obtained 20,000 meced mechered 2 mechers in the market price from the

In addition, from that time until December 14, 2013, the Defendant used the debit card lost on nine occasions in total, as shown in the attached list of crimes, from that time, and acquired and acquired the total amount of 378,540 won from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A report on investigation;

1. Application of each statute on photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a number of criminal records of the same kind, and it is inevitable to strictly punish the defendant because he/she has no effort to recover from damage.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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