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(영문) 부산지방법원 동부지원 2018.11.07 2018고정695
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who worked as an employee from “Csing” located in Busan Jin-gu.

A. On June 6, 2017, the Defendant found the Saemaul BC physical card (G) that was lost by the Victim F (E) on the street in front of the “E” located in Jin-gu Busan, Jin-gu, Busan, on a non-time basis.

As above, the above acquired cards were embezzled without following necessary procedures, such as returning them to the victim, etc.

B. On June 6, 2017, around 05:28, the Defendant: (a) presented the Saemaul BC Card in the name of F, which was acquired from the preceding paragraph “A within the I week located in Suwon-gu Busan, Busan, to the owner of the business as if he/she was his/her card; and (b) prevented the owner of the damaged State from paying the purchase price by allowing the owner of the damaged State to pay KRW 50,000,000 of the drinking value.

In addition, the Defendant, in the above manner, by deceiving the names of the operators of each main office over 12 times, such as the [Attachment Table Nos. 1 to 12], thereby taking property benefits equivalent to KRW 2,500,000.

(c)

On June 6, 2017, the Defendant, within the jurisdiction of KJ in Busan, presented to the operator of the main branch the F F F F F C C C C C C card, which he acquired as above, as if he was his card.

In such a way, the Defendant attempted to make a settlement by deceiving an operator of the main place of the victimized person, such as [Attachment 13] No. 13 to 16 years, but F filed a report on the loss of the card and failed to make a settlement.

(d)

On June 6, 2017, the Defendant violated the law related to credit finance business was used to settle the drinking value of KRW 500,000 with the Saemaul BC card in the name of F obtained within the I located within the jurisdiction of Suwon-gu, Busan.

As above, the Defendant used the foregoing method in settling the drinking value equivalent to KRW 2,50,000 in total with the above card, such as the [Attachment 1] No. 1 to 12.

Summary of Evidence

1. The defendant's oral statement;

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