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A defendant shall be punished by imprisonment for a maximum of three months and a short of two months.
Reasons
Punishment of the crime
1. 점유이탈물횡령 피고인은 2012. 12. 30. 22:00경 인천 중구 북성동 1가 월미도 놀이공원 내 ‘디스코팡팡’ 놀이기구 주변에 있던 쓰레기통에서, 피해자 BT이 분실한 피해자 소유인 아이사랑 국민은행 카드 1장을 습득하고는 자신이 가져갈 생각으로 피해자에게 반환하는 등 필요한 절차를 거치지 아니하고 이를 가져가 횡령하였다.
2. Around 23:50 of the same day as the preceding paragraph, the Defendant, on the front day of the “BV week” store located in Gyeyang-gu Incheon Gyeyang-gu, 23:50, was the Defendant, who was boarding the victim BX taxi operated by the victim BW, told the said victim that he would pay the taxi fee, and told the said victim to the front day of the BZ Hospital located in Dongjak-gu Seoul,
However, there was no intention or ability to pay the above taxi charges.
As such, the Defendant, by deceiving the victim, presented the card obtained as before the victim requested the payment of KRW 35,00,00 from the victim, but did not pay the taxi fee, such as the card was reported by theft card and the approval for payment was refused.
Summary of Evidence
1. Defendant's legal statement;
1. Document of statement concerning BW;
1. Application of Acts and subordinate statutes to a criminal investigation report (finding of victims and details of damage);
1. Relevant Articles 360(1) and 347 of the Criminal Act for criminal facts (the point of embezzlement, the choice of imprisonment), and Article 347 of the Criminal Act (Fraud or the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated, but it shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes) among concurrent crimes;
1. It is so decided as per Disposition on the grounds of Article 2 and Article 60(1) of the Juvenile Act or above.