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(영문) 서울동부지방법원 2016.03.29 2016고정158
점유이탈물횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On December 6, 2015, around 05:50 on December 6, 2015, the Defendant: (a) obtained a new bank credit card (credit card number: F) owned by the victim and did not take necessary procedures, such as returning it to the victim; (b) on the street in Seongdong-gu Seoul Metropolitan Government’s “D convenience store”; and (c) obtained a new bank credit card (credit card number:F) owned by the victim and returned it to the victim.

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

2. The Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, committed as if the Defendant had a legitimate right to use the said credit card, in acquiring the victim’s credit card and purchasing various foodstuffs, etc., with the intent to settle the price by presenting the said credit card;

A. On December 6, 2015, around 06:55, purchasing at H “H” located in Seongdong-gu Seoul Metropolitan Government G the amount equivalent to KRW 4,000 of the market value of the said credit card, and settling the price by presenting the said credit card;

(b) around 07:05 on the same day purchase of milk equivalent to the market value of 2,650 won at the “J convenience store” located in Seongdong-gu Seoul Metropolitan Government I, and pay the price by presenting the said credit card;

(c) around 09:41 on the same day purchase bread equivalent to 3,000 won at the market value from the “L” located in Seongdong-gu Seoul Metropolitan Government, and settle the price by presenting the said credit card;

(d) around 9:49 on the same day purchase from N’s “N” located in Seongdong-gu Seoul Metropolitan Government with a market price of at least 41,190 won and pay the price by presenting the said credit card;

(e) around 10:03 on the same day purchase the amount of 20,340 won at the “P” located in Seongdong-gu Seoul Metropolitan GovernmentO by citing the above credit card; and

F. Around 10:53 on the same day, the purchase of edible milk equivalent to the market price of KRW 25,970 from the R “R” located in Q in Seongdong-gu Seoul, and the payment was made by presenting the said credit card.

Accordingly, the defendant uses a credit card lost by another person in a total of 97,150 won.

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