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(영문) 수원지방법원 안산지원 2017.11.23 2017고정884
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around April 29, 2017, the Defendant acquired a new card and a new security card issued in the name of the victim B (the victim B (the victim 24 years of age, the remaining person) and the victim lost within the 55 Yongsan-gu history of Yongsan-gu Seoul, Yongsan-gu, Seoul.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On April 29, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased clothes equivalent to KRW 108,800,00 from the 55 Mod Mod Mad Mad-ro, Yongsan-gu, Yongsan-gu, Seoul, for the purchase of clothes equivalent to KRW 108,80,00 from the 55 Mod Mad-ro, Yongsan-gu, Seoul;

On April 29, 2017, around 16:15, the Defendant continuously purchased 662 modern department stores Dicule-ro, Guro-gu, Seoul, in an amount equivalent to KRW 239,00,00, and paid by using a new card in the name of the victim, as provided in paragraph 1.

3. On April 30, 2017, the Defendant attempted to commit fraud, using a new card in the name of the victim acquired, as set forth in paragraph 1, at “D cafeteria” located in Overcheon-si, Seoul, the Defendant obtained pecuniary benefits by presenting the food value of KRW 21,000 to the pointr as if he/she was his/her card. However, due to the victim’s receipt of the victim’s report on the loss of the card, the Defendant failed to receive payment approval.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. All personal approvals;

1. Application of Acts and subordinate statutes to CCTV photographs and photographs of damaged objects;

1. Article 360 of the Criminal Act applicable to the facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of items departing from possession), and Article 70 of the Act on Financial Business Specializing in Credit (the use of lost debit cards) 3 (the use of lost debit cards), Articles 352 and 347 (1) of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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