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(영문) 서울중앙지방법원 2018.10.19 2018고정485
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. Around 08:20 on May 16, 2017, the Defendant: (a) obtained Chapter 1 of the KB National Card (D) lost by a victim C (36 tax) in front of Dongjak-gu Seoul, Dongjak-gu; (b) and (c) embezzled the following methods: (a) without following necessary procedures, such as returning assets, such as a bank obtained at a total of six places, credit card, etc., as shown in attached crime list 1; and (b) made it embezzled to the Defendant’s thought that he/she had held. (c) around May 16, 2016, the Defendant presented the F convenience store acquired from the “F” store located in Dongjak-gu, Seoul, Seoul, to purchase tobacco equivalent to KRW 4,500,00 from the “F convenience store” as described in paragraph (1) as his/her card.

The Defendant used a total of five occasions, such as attached Table 2, in the manner described above, and acquired 23,000 won property benefits from the victims.

3. The Defendant, as stated in paragraph 2, illegally used the credit card of the victim acquired as stated in paragraph 1, at least five times, with the approval of the price for the goods.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. C’s statement;

1. Photographs photographs of letters;

1. Investigation report (the first investigation of the victim of the embezzlement of the abandoned article in possession), investigation report (the counter investigation of the victimJ of the embezzlement of the abandoned article in possession) and investigation report (the counter investigation of the victim of the embezzlement of the abandoned article in possession K);

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) (a) (a) of the Criminal Act, Article 347(1) (a) (a point of fraud), Article 70(1)3 (a) (a point of use of a lost card) of the Act on Financial Business Specializing in Credit, and the choice of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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