logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.06.27 2015고정1197
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 February 17, 2015, the Defendant: (a) obtained a copy of the national card owned by the victim B (53) and embezzled it at the bus stops located in the front bus stops located in Dobong-gu, Dobong-gu, Seoul (218) on February 17, 2015; and (b) embezzled it.

2. On February 17, 2015, at around 04:55, the Defendant received delivery of 1% of the tobacco to be 45,000 won, by allowing the Defendant to pay the above-mentioned national card to E as his/her own as if it were, at around the D convenience store located in Dobong-gu Seoul Metropolitan Government.

On February 17, 2015, around 04:57, the Defendant continued to pay the national card obtained from “G convenience store” located in Dobong-gu Seoul Metropolitan Government F, thereby having H pay as his/her own as well, and issued a smoke of tobacco that was worth KRW 45,000.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using credit cards lost by the victim B as set forth in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to a investigative report (to attach photographs by video recording and photographing ofCCTV);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of credit card loss) of the Act on Specialized Financial Business, and the selection of fines, respectively;

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

arrow