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(영문) 서울서부지방법원 2021.01.27 2020고정1063
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around September 4, 2020, the Defendant acquired a copy of KB credit card, which was lost from the new village of Mapo-gu Seoul, 90, 2, to the victim B (60 years) with this care, around September 4, 202.

The defendant did not follow necessary procedures such as returning the above acquired goods to the victim and did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant, at around 08:38 on the same day, presented the victim’s KB credit card at the third floor E store in Seodaemun-gu Seoul, Seoul, as his own, and received a three set of urban areas where one set of 10,500 won was gathered from the point of view.

3. Around 10:18 on the same day, the Defendant attempted to settle the hospital cost of KRW 47,300,00 by presenting the victim’s KB credit card, which was acquired at Fickdong of the above hospital, to the recipient employee as he/she had received, but was refused to grant such approval.

4. The Defendant violated the Act on Specialized Credit Financial Business, as set forth in paragraph 1, acquired KB credit cards lost by the injured party and used them as set forth in paragraphs 2 and 3.

Summary of Evidence

1. The details of the defendant's legal report on internal investigation B written statements (the receipt of the loss of theft and the use of a card, the confirmation of on-site CCTV, the lost card number and the details of refusal to approve, the details of the victim's written statements that were received by the suspect, the hospital cost settled by the suspect), and the application of statutes

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession, the selection of fines), Article 347(1) of the Criminal Act (the selection of fines and fines), Article 352 of the Criminal Act, Article 347(1) (the attempted fraud, the selection of fines) of the Criminal Act, Article 70(1)3 (the partial use of credit card, the selection of fines) of the Act on Specialized Credit Financial Business, and Article 70(1)3 (the selection of fines) of the Act on Specialized Credit Financial Business;

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;

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