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(영문) 서울중앙지방법원 2015.09.24 2015고정2691
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. On March 14, 2015, at around 17:45, the Defendant embezzled that he/she would have on his/her own thought, without following necessary procedures, such as acquiring the KB citizen Spane Card (credit card number: D) lost by the victim C from the stairs installed at active entrance of 18 subway 4, Jung-gu, Seoul, Seoul, Seoul, and returning it to the victim.

2. On March 14, 2015, the Defendant acquired pecuniary benefits equivalent to KRW 1,550 of the subway fare by making contact with the victim’s physical card from active service at the opening entrance No. 17:46, and by allowing the data processor, such as computer, etc., to input information without authority, and to process it in the data processor, such as computer, etc. at the opening entrance No. 24.

3. On March 14, 2015, around 20:01, the Defendant purchased the physical card in the name of the victim to the store occupant located at 337,00, 16,000 Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, but at the store store, and acquired the same amount of pecuniary benefits.

4. The Defendant violated the Specialized Credit Financial Business Act: the date and time stated in each of paragraphs (2) and (3) and the location where the victim lost the check on two occasions.

5. On March 15, 2015, the Defendant attempted to purchase goods equivalent to 98,000 won by presenting the clock card in the name of the victim to the store occupant at the department store store in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the store store store store in the department store store in order to purchase goods, but the victim filed a report on the loss of the clock card and failed to do so on the wind without the approval of the card.

Summary of Evidence

1. The defendant's legal statement (the second and fourth trial date);

1. C’s statement;

1. A detailed statement of use of transportation cards, and a detailed statement of refusal to approve the KB card;

1. Application of Acts and subordinate statutes to internal investigation reports (to hear additional statements by victims), internal investigation reports (agricultural but CCTV confirmations and attachment of delivery receipts) 1.

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