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(영문) 수원지방법원 성남지원 2019.11.26 2019고정933
점유이탈물횡령등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 13, 2019, the Defendant: (a) obtained one card owned by a female victim C (here, female, 18 years old); (b) around the building in the area of the building in Seongbuk-gu, Sungnam-si; and (c) obtained one card owned by the said female.

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. From June 13, 2019 to July 7, 2019, the Defendant: (a) settled a victim’s card, as indicated in paragraph (1), from the Sungnam city, in total, eight times in the automatic opening machine installed within the subway stations, such as the list of crimes in the attached Table; and (b) settled the card installed inside the bus without the authority of 56 times in total; and (c) took property benefits, such as the cost of public transportation, equivalent to the total market value of 92,300 won, from the card terminal installed within the subway stations.

3. The Defendant violated the Specialized Credit Financial Business Act: (a) unlawfully used the victim’s cards obtained as set forth in paragraph (1) at the same time and at the same place as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. A detailed statement of card use;

1. Reports on internal investigation, investigation reports and report on investigation results;

1. Application of each statute on photographs;

1. Relevant provisions of Article 360 (1) of the Criminal Act for facts constituting an offense (the point of embezzlement of stolen items), Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of fraud by use of computers, etc.)

1. Selection of an alternative fine for punishment;

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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