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(영문) 대전지방법원 서산지원 2020.05.13 2019고단773
점유이탈물횡령등
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On March 25, 2016, the Defendant was sentenced to a suspended sentence of two years for general buildings, fire prevention, etc. at the Daejeon High Court, and on October 14, 2016, sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court Seosan Branch on March 8, 2017 during the grace period, and the said sentence became final and conclusive on March 8, 2017, and the said suspended sentence was invalidated, and the parole period was expired on September 28, 2018 during the execution of the sentence by the so-called So-called So-called “so-calleded prison.”

"2019 Highest 773"

1. On April 3, 2019, the Defendant found one copy of the post office cream card, which was owned by the victim B, at the Seosan public bus terminal located in 190, Seosan-si, Seosan-si.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On April 4, 2019, around 10:11, 201, the Defendant: (a) committed as if the Defendant was a lawful holder of the post office post office’s physical cards that he acquired, as in paragraph (1) at the E store operated by the victim D in Seosan-si; (b) presented the above physical cards to the victim; and (c) received from the victim one disease in the total amount of KRW 11,700, and two cigarettes, etc.

Accordingly, the defendant deceivingd the victim and received the property, and used the lost check card.

B. On April 4, 2019, around 11:15, 2019, the Defendant, at the H convenience point of the operation of the Victim G, located in Seosan City F, as if he was the lawful holder of the post office’s physical card he acquired, presented the above physical check to the victim, and was issued by the victim one disease, tobacco, etc. in an aggregate amount of KRW 91,400 in the market value.

Accordingly, the defendant deceivings the victim to receive property, and lost cream cards.

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