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(영문) 춘천지방법원 속초지원 2015.05.13 2015고단43
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant was sentenced to six months of imprisonment for fraud, etc. in Daegu District Court racing support on December 24, 2013, and completed the execution of the sentence on May 7, 2014.

Criminal facts

1. On February 3, 2015, the Defendant: (a) obtained one copy of the NHF Agricultural Cooperative, the owner of which was lost, from the victim’s D, at the Seocho City, on February 22:20, 2015; (b) the Defendant did not take necessary procedures, such as returning the acquired property to the victim; and (c) embezzled as he/she thought that he/she had possessed. (d) On February 18, 2015, the Defendant, who violated the Specialized Credit Financial Business Act, purchased tobacco from “EE” located in the early Si, Si, Si, si; (b) while purchasing tobacco from “EE” located in the first place, at around 18:13, 2015, presented the NHFF credit card acquired by the Defendant to the victim F, who was an employee of the said place, as the Defendant’s credit card, and received tobacco 10 percent of the price paid in advance by paying KRW 45,000, and attempted to use the lost credit card.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D or I;

1. Each statement of F and H prepared;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Previous convictions indicated in the judgment: Criminal records, etc. inquiry reports (A), investigation reports (reports on confirmation of the fact that the records of the same kind of suspect and the period of repeated crimes are in existence), investigation reports (Binding records of personal identification), and application of Acts and subordinate statutes of one copy of the current status of personal identification;

1. Article 360(1) of the Criminal Act (the point of possession embezzlement), Article 347(1) of the Criminal Act (the point of fraud), and Article 360(1) of the same Act for the crime;

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