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(영문) 대전지방법원 천안지원 2021.02.02 2020고정400
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

【2020 Maz. 400 Maz.

1. On January 21, 2020, the Defendant: (a) obtained a new card owned by the victim C, which was damaged by a lost waterway in the south-gu, Southern-gu, Nam-gu; and (b) did not take necessary procedures, such as returning it to the victim; and (c) carried it for the purpose of holding it.

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

2. On March 20, 2020, the Defendant thefted with one copy of the modern card owned by the victim F, which was placed above the display stand in South-dong-gu D and E convenience stores, Nam-gu, Nam-gu, Namcheon-gu, Seoul, Seoul, and Dong-gu, Seoul, with a view to theft.

3. Violation of the Act on specialized credit finance business;

A. At around 12:01 on January 21, 2020, the Defendant illegally used credit cards over 94 times in total, as shown in the annexed list of crimes, by presenting the victim C’s new credit card obtained at the H convenience store located in Asan City, at the same place as that located in the above paragraph 1, to a convenience store, having the victim C prepare a credit card sales slip, and making a false signature on it.

B. On March 20, 2020, the Defendant: (a) purchased goods equivalent to KRW 6,000 within the J of the 1st floor, Nam-gu, Seoul Special Metropolitan City on March 20, 2020; (b) presented the Victim F’s Hyundai Card at the same location as that of the above 2 paragraph; and (c) allowed the Defendant to prepare a credit card sales slip; and (d) made a false signature on it, the Defendant denied credit cards over 11 times in total as shown in the list of crimes in annexed hereto.

4. Fraud;

A. At around 12:01 on January 21, 2020, the Defendant, as shown in the attached list of crimes (the victim is the owner of each card chain store) such as receiving 1,200 won from the H chain store owner located in the victim G, by presenting a new card to the employee at H convenience store located in Asan-si, Asan-si, by deceiving the employee by using the card, which is one’s own card, as a means of deceiving the employee, as set forth in the above 3-A, the Defendant took property benefits worth KRW 922,140 over 94 times in total.

B. On March 20, 2020, the Defendant J. 1 of South-gu I in Yancheon-gu around 15:36.

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