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(영문) 서울중앙지방법원 2017.09.14 2017고단5353
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On November 11, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on May 26, 2017.

[Criminal facts]

1. Embezzlements of deserted articles in possession;

A. On July 12, 2017, at around 04:00, the Defendant: (a) obtained one copy of the KB citizen’s physical fitness card (credit number: D) lost by the victim C, and did not take necessary procedures, such as returning it to the victim; and (b) embezzled as he/she thought he/she had.

B. On July 14, 2017, around 05:00, the Defendant, at around 12, up to 12, a 12-ro 05:00, he/she acquired a card (F) lost by the victim E before the Young Elementary School at the 69-ro, but did not follow necessary procedures, such as returning the card to the victim, and embezzled as he/she thought he/she had.

(c)

On July 22, 2017, at around 07:00, the Defendant acquired one copy of the 119 Safety Center toilet in the Nowon-gu Seoul Metropolitan Government Nowon-gu 17-ro 187, from the victim G, and embezzled the KB’s physical fitness card (H number) from the 119 Safety Center toilet in the Nowon-gu 187-ro, Seoul Metropolitan Government, without following necessary procedures, such as returning it to the victim.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On July 12, 2017, at the J convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government I around 10:25, the Defendant purchased DNA tobacco 2A, and settled the purchase price, the Defendant took place to the convenience store employees as if the Defendant had a legitimate right to use the KB citizen physical card lost by the victim C, such as the above paragraph 1(a), and then obtained the lost credit card from the said convenience store employees with the above amount of KRW 18,800, and acquired the above tobacco 2A, etc. amounting to KRW 18,80.

The Defendant, in addition to this, shall use the KB citizen physical card lost by the said victim C in attached Form three times in the same day.

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