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(영문) 대전지방법원 2015.07.14 2015고단1805
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2015, the Defendant, at around 19:51, acquired 30,000 won in cash owned by the victim C, 30,000 won in cash on the part of the above public telephone, 1 Bank C C, 1, 1, 1, 1, 1, 1, 2, and 2,000 won in the market price, which includes 2,00,000,000 won in the market price.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On June 7, 2015, the Defendant violated the Fraud and the Specialized Credit Financial Business Act presented the above physical card to the victim F, who is an employee of the said Mart, by carrying out as if the Defendant was the lawful holder of the C Bank C C’s physical check (E) in the D store located in the Pyeong Station platform around 18:36, 2015.

As above, the Defendant, by deceiving the victim as above, received 1 A cigarette of an amount equivalent to 4,000 won of the market price from the victim, and continued to obtain 1 A cigarette of an amount equivalent to 4,100 won of the market price, and acquired 4,100 won of the 4,100 won, and used e-mail cards lost twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Photographs of damaged articles;

1. Inquiry into the details of approval by each credit card store, and the POS sales tax investigation;

1. 문자메시지 켑쳐 사진 법령의 적용

1. Relevant Articles 360 (1) and 347 (1) of the Criminal Act concerning facts constituting an offense; Article 70 (1) 3 of the Specialized Credit Financial Business Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that it appears deeply

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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