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(영문) 수원지방법원 성남지원 2020.03.17 2020고단90
횡령등
Text

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

Reasons

Punishment of the crime

On June 28, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on June 28, 2018, and the execution of the sentence was completed at the Sungsung Vocational Training Correctional Institution on June 7,

1. On August 20, 2019, the Defendant: (a) received one copy of the NHFC Card (the card No. C) from the victim while drinking alcohol with the victim at the victim’s request, and did not return it to the victim, at around 20, 1146-2 mother-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu.

Accordingly, the defendant embezzled the victim's property.

2. Fraud and Specialized Credit Financial Business Act violation Defendant purchased goods equivalent to KRW 8,500,00, such as one cigarette, two cans, etc., in E located in Seongbuk-gu, Sungnam-gu, Sungnam-si, on August 24, 2019, and presented to the business owner F the victim as if he/she had a legitimate right to use the check card he/she embezzled as described in paragraph (1).

The Defendant had the victim pay the price with the above physical card and received the above goods from August 21, 2019 to August 20:26, 2019, and from August 20:45, 2019 to August 26, 2019, received property worth KRW 5,897,531 on a total of seven occasions, as stated in the attached crime list, and used the embezzled physical card.

Accordingly, the defendant deceiving victims to take over property, and used a cream card that is an embezzled debit card.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Each statement of H and F;

1. Each investigation report, specification of transactions, each CCTV image photograph, receipt, and photographic photograph of belongings;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of criminal records), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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