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(영문) 서울북부지방법원 2017.01.25 2016고정2461
점유이탈물횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On July 11, 2016, the Defendant, at around 04:00, found one copy of the victim D (n, 20 years of age)’s creamison the road before the convenience store located in Gangnam-gu Seoul Metropolitan Government (C).

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On July 11, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 07:44, 2016, at the “G” restaurant operated by the victim FF in Gangseo-gu Seoul Metropolitan Government, he received an order from the victim F to pay the price after placing an order of alcohol or alcohol equivalent to 28,000 won at the market price; (b) presented the above lost physical card to the victim as if he had legitimate authority to use it, and then issued it on the sales slip and then acquired the lost debit card and then exempted the victim from paying 28,000 won at the price by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (CCTV investigation, etc.);

1. Cards;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 70(1)3 (the use of lost e-mail card) of the Financial Business Specializing in Credit, Article 347(1) of the Criminal Act (the use of lost e-mail card) of the same Act, and the selection of each fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (as the defendant is divided in depth into his own mistake, he will not commit such a crime in the future.

Considering that there is no particular criminal record against the victim D, that there is a smooth agreement with the victim D, that the defendant's age, and that there is no particular criminal record against the defendant.

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