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(영문) 의정부지방법원 2017.07.20 2017고정1079
점유이탈물횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and is not aware of the victim C (28 years old, south) and the victim D (49 years old, female) is a person who works as a calculating source in E.

The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to a stimulative disorder.

A. On February 5, 2017, the Defendant embezzled possession separated objects, without following the following procedures: (a) 217 as the cambro of the Government of the Gyeonggi-do match; (b) 500,000 won in cash owned by the victim C within a luminous church; and (c) cambling the wall containing a lot card, etc., and returning it to the victim; and (d) he/she embezzled it on his/her will to the Defendant.

B. On February 5, 2017, the Defendant calculated the total amount of KRW 753,910,00, such as tobacco, food, clothing, etc., in E located in the Government City of Gyeonggi-si on February 5, 2017, and acquired the said goods from the victimized party D by presenting the credit card to the victim D as if he/she was his/her card.

(c)

Defendant who violated the Act on Financial Business Specializing in Credit

(a) presented, as stated in paragraph (1), a card with the victim C’s name, as if it were one’s own card;

B. The victim’s credit card was illegally used, such as the delivery of goods, such as paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A written statement of the victim C;

1. Investigation report (referring to cases of the receipt of a report and the process of arrest, etc.), investigation report (victim D phone investigation);

1. A medical certificate;

1. A purchase receipt and a refund receipt of goods;

1. Application of the Acts and subordinate statutes on photographs of the victim C bed, the victim C's credit card pictures used by the victim, and the photographic goods purchased by the victim in marina;

1. Article 360 of the Criminal Act applicable to the crime, Article 360 of the Criminal Act that provides for the choice of punishment (the Embezzlement of possession) and Article 347 of the Criminal Act.

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