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(영문) 부산지방법원 서부지원 2020.01.14 2019고단2542
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. At around 01:50 on July 26, 2019, the Defendant: (a) embezzled of stolen objects in possession: (b) on the front side of the “ Qu” located in Busan Northern P; (c) on the part of the victim, the Defendant embezzled the lost victim’s R, without following the necessary procedures, such as acquiring one copy of the Cream Card of the Korean bank owned by the victim; (d) one copy of the Cream Card of the Korean Bank; (e) one resident registration certificate; (e) one copy of the driver’s license; and (e) one copy of the TR; and (e) one copy of the TR’s market value, one half of the undeveloped male-use cards; (e)

2. On the same day, at around 01:58, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) in the “TPC room” for the operation of the victim’s nameless boxes in the Busan Northern-gu, Busan Northern-gu; (b) as if the Defendant had paid the amount in advance as if the Defendant had been holding a legitimate right to use the CPC card; and (c) as if the Defendant had presented the CPC card to pay the amount of 20,000 won, the Defendant illegally used the CPC card which acquired and acquired property benefits from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of theR development;

1. The application of photographs, investigation reports (CCTVs, etc.), photographs (suspect photographs, etc.) and statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement, the choice of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegality of using the lost check card, the selection of fines)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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