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(영문) 대구지방법원 김천지원 2016.07.06 2016고정287
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 27, 2016, the Defendant, at around 12:40 on March 27, 2016, acquired cash 430,000 won, which is the victim’s possession of the lost victim D (82 aged) in front of the old C convalescent Hospital, and one credit card of the new bank and one check card of the Daegu Bank.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

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

2. On March 27, 2016, the Defendant, at the F gas station located in Gumi-si E on March 13:29, 2016, provided 30L via the market price of 56,000 won at G freight and paid the payment, the Defendant, who was unaware of the fact, provided a new bank credit card in the name of the victim acquired as referred to in the above “A” to the employees under the name of the victim and provided a settlement of the payment amounting to 56,000 won.

3. While the Defendant was well aware of the fact that he should not use a stolen or lost credit card, the Defendant illegally used the credit card in the name of the victim, such as the above “A”.

4. On March 27, 2016, the Defendant: (a) inserted the Daegu Bank Card under the victim’s name, such as the foregoing “A” in the period of cash automation entry and exit from the Daegu Bank located adjacent to the Gu, Si, H and I Mt on March 27, 2016; (b) withdrawn and stolen KRW 1,00,000 in cash by the method of inputting the password and the amount of money entered after the card in the order ordered by the victim; (c) around the same day, around 14:47, the Defendant withdrawn and stolen KRW 20,000 in cash by the aforementioned method in the period of cash automation entry and exit installed within the K convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Lritten statements;

1. The provisions of the Act and subordinate statutes shall apply to the investigation report (in relation to attachment of reports, site photographs, etc., copies of bankbooks and photographs submitted by the victim D).

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