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(영문) 청주지방법원 2017.07.21 2017고정332
점유이탈물횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a taxi engineer who operates D'C' in the petition-gu B at the time of the Chungcheongbuk-gu.

(a) The embezzlement or lost articles, driftage, or any other property of which possession has been lost shall not be embezzled;

Nevertheless, on March 24, 2017, the Defendant operated a Cheongju Non-Pak Site.

D In the taxi, she acquired one credit card in the name of the victim E (son, 58 years old) lost, but did not take necessary procedures such as returning the acquired property to the victim, and embezzled the acquired property as he/she had.

(b) No credit-specialized financial business shall sell or use any lost or stolen credit card or debit card;

Nevertheless, on March 24, 2017, the Defendant operated a Cheongju Non-Pak Site.

D In the taxi, after acquiring a new card under the name of the victim E (son, 58 years old), the victim E (son, 50,000 won) lost on the same day, 06:07 around the same day, 50,000 won around 06:08, and 06:10,000 won around 50,000 won in the Do, and 150,000 won in the card settlement machine in the above taxi.

Summary of Evidence

The list of seizure records of police statements E by the defendant's legal statement and the application of the statutes on seizure records.

1. Article 360 of the Criminal Act applicable to the crime, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 70 (1) 3 (the use of stolen cards), and Article 70 (1) 3 (the use of stolen cards), the selection of fines;

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

3. Article 70(1) and Article 69(2) of the Criminal Act (one million won per day) to attract a workhouse.

4. Article 59 (1) of the Criminal Act (the punishment to suspend a sentence: fine of KRW 300,000) of the suspended sentence (the fact that the defendant commits a mistake, the amount of damage, the first crime discharged, the character, conduct, environment, etc. of the defendant);

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