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(영문) 서울서부지방법원 2019.10.30 2019고정488
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 30, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to fraud, violation of the Specialized Credit Financial Business Act, etc. at the Seoul Western District Court, and the judgment became final and conclusive on February 8, 2019.

1. From around 08:40 on December 5, 2018 to around 12:24, the Defendant acquired the e-bit cards lost by the victim D from “C” located in Mapo-gu Seoul Metropolitan Government.

The Defendant did not follow necessary procedures such as returning the electronic debit card that he acquired by the above method to the victim D, and embezzled it on his own idea.

2. On December 5, 2018, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) presented the debit card acquired as prescribed in paragraph (1) from the “H” of the victim G operation in Goyang-dong-dong-gu, Goyang-si, Goyang-si; (b) as if he had a legitimate right to use it, and (c) received goods equivalent to KRW 3,920 in the market price from that time to 18:31 of the same day, the Defendant received 428,920 in total amount of 10 won, from that time, from that time, until 18:31 of the same day.

Accordingly, the defendant uses the lost debit card of another person, and received property by deceiving the victims.

3. The Defendant attempted to commit fraud, around December 6, 2018, presented D’s E-Debit Cards acquired from the “J” of the victim’s name in Mapo-gu Seoul Mapo-gu, Seoul, as set forth in paragraph (1), to K, who is an employee of the above convenience store, and attempted to purchase a tobacco of the amounting to 4,200 won at the market price from K, but its affiliates refused to approve the settlement of the above debit card, and subsequently attempted to receive and attempted to receive property worth 20,600 won at least four times from that time until 15:00 of the same day.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. D. D.

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