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(영문) 수원지방법원 2015.10.05 2015고단3492
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. From May 31, 2015 to 01:00 on May 31, 2015, the Defendant found a new card lost by the victim C in the old world near the building of the members of Ansan-si, Ansan-si from around 02:00.

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 May 31, 2015, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 02:33, at the E point of the operation of the victim’s name in Ansan-si, the Defendant purchased the above new card as if the Defendant was a legitimate holder of the said card; (b) signed the Africa 1,500, Africa 4,500, Africa 1; and (c) issued the said new card to an employee under his/her name and lost it; and (d) obtained Africa 5,00 from the said employee; and (c) obtained it from the said employee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on approval of credit cards;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the point of fraud), and the choice of imprisonment with prison labor, respectively;

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

1. The sentence shall be imposed as ordered in consideration of the fact that the defendant, the reason for sentencing under Article 62(1) of the Criminal Act, committed the instant crime while being under a criminal trial for another crime, the agreement with the victim is not reached, the damage is minor, the defendant's mistake is recognized, and all other conditions of sentencing as shown in the records and arguments are considered.

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