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(영문) 수원지방법원 안양지원 2016.08.30 2016고단814
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal records] On January 15, 2015, the Defendant was sentenced to a suspended sentence of one year and six months to imprisonment for fraud, etc. at the Daegu District Court on January 15, 2015, and the judgment became final and conclusive on January 23, 2015. On April 28, 2016, the Seoul Central District Court sentenced one year and six months to imprisonment for fraud, etc., and the judgment became final and conclusive on May 4, 2016.

[Criminal facts]

1. On October 2014, the Defendant embezzled of the deserted Articles in possession, on the roads in the middle-gu, Daegu-gu, Daegu-gu, where the victim B was lost and did not take necessary procedures, such as acquiring the resident registration certificate and returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant, on October 20, 2014, filed an application for deposit transaction in the name of No. 1 B at the new bank, Dong-dong, Daegu-gu, Daegu-gu, 58, for a deposit transaction in the name of No. 1 at the new bank, Dong-dong, Daegu-gu, Daegu-gu, and presented as if he completed the B’s resident registration certificate under the name of the head of Jung-gu, Jung-gu, Daegu-gu, Daegu-gu, Seoul, which was found, as described in paragraph 1.

Accordingly, the defendant did not use official documents.

3. The Defendant forged a private document and signed a deposit transaction application form B after stating personal information, such as B’s name, resident registration number, address, etc., at the time and place specified in paragraph (2) as stated in paragraph (2).

Accordingly, for the purpose of uttering, the Defendant forged a letter of deposit transaction application in B, a private document related to rights and obligations.

4. The Defendant, at the time, at the time and place specified in paragraph 3, submitted an application for a forged deposit transaction to a staff member in charge of new branch offices in the new bank who was aware of the forgery.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B, C, and D;

1. A copy of the resident registration certificate and an application for bank transactions;

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