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(영문) 부산지방법원 2014.11.20 2014고정3425
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 23, 2014, the Defendant: (a) obtained one copy of the maternal sports park located in the Monodong-dong, Monopo-dong, and then embezzled it without following necessary procedures, such as returning it to the victim, in order to ensure that the Defendant embezzled it.

2. On March 16, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) at the E-place located in Seodaemun-si, D around 01:22, the Defendant acquired pecuniary benefits equivalent to that amount by making a settlement of the drinking value of KRW 44,00 by presenting the modern card acquired under the name of the victim, as described in paragraph (1), to the victim, as if he were his own credit card; and (b) using the lost credit card as above.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Application of Acts and subordinate statutes on wrongful use;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegality of credit card), and selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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