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(영문) 서울서부지방법원 2020.06.11 2020고정183
점유이탈물횡령등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 11:40 on August 16, 2019, the Defendant: (a) obtained the c card owned by the victim B before the male toilet in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul; (b) and (c) embezzled the C card owned by the victim B before the male toilet in Yongsan-gu, Yongsan-gu, Seoul; and (d) instead did not return it to the victim.

2. On August 16, 2019, the Defendant violated fraud and specialized credit financial business: (a) around 19:10, the Defendant presented B’s Embezzlement card embezzled at E Convenience stores located in Jung-gu Seoul Metropolitan Government, as set forth in paragraph (1), to an employee under his/her name as if he/she was his/her own owner; and (b) paid 2 Adradical tobacco equivalent to 10,000 won in the market value, thereby making illegal use and taking profits in property equivalent to that

3. On August 17, 2019, at G convenience stores located in Yongsan-gu Seoul Metropolitan Government, around 14:50 on August 17, 2019, the Defendant attempted to purchase a brush brush equivalent to the market price of KRW 6,900, and then refused approval due to B’s reporting of loss on the card company.

4. Around August 16, 2019, the Defendant violated the Specialized Credit Financial Business Act and the Defendant was on board a bus at the bus stops in front of the “Seomun Police Station,” which is located in the unification of Eunpyeong-gu Seoul, Seoul, for the unification of Eunpyeong-gu, 97, and used the C Card, 900 won, which was acquired as referred to in the above paragraph (1), by burning it on his own, and settling it into the terminal, and took property benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Seizure record and list;

1. Application of the Acts and subordinate statutes for internal investigation and investigation reports;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (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 fraud), Articles 352 and 347(1) of the Criminal Act (the point of fraud) of the Criminal Act, Article 347-2 of the Criminal Act (the point of fraud by use of computer, etc.), and each of the fines.

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