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(영문) 서울중앙지방법원 2017.11.20 2017고정3225
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 9, 2017, at around 11:30, the Defendant: (a) obtained charging T-M-M-M-M-M-M-W-C-S-C-W-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

2. Fraud;

A. On June 9, 2017, around 15:07, the Defendant paid KRW 1,000 as the price for goods at D convenience stores located in Dongjak-gu Seoul Metropolitan Government, and, as he was the legitimate licensee, obtained the approval by T-Nn transportation card owned by the victim that he embezzled as described in paragraph 1, and acquired pecuniary benefits equivalent to that amount.

B. On June 9, 2017, around 22:56, the Defendant paid KRW 4,500 as the price for goods at D convenience stores located in Dongjak-gu Seoul Metropolitan Government, and subsequently, approved TR-N transportation cards owned by the victim embezzled as indicated in paragraph 1 as he/she was the legitimate licensee, and acquired pecuniary benefits equivalent to that amount.

(c)

On June 13, 2017, at around 21:49, the Defendant paid KRW 1,500 as the price of goods at D convenience stores located in Dongjak-gu Seoul Metropolitan Government, and, as he was the legitimate licensee, obtained the approval by T-N transportation card owned by the victim and obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 347 (1) of the Criminal Act (the point of fraud), and selection of each fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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