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(영문) 서울북부지방법원 2016.12.08 2016고정2174
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 18:00 on July 16, 2016, the Defendant acquired a new credit card (E) that was lost by the victim D(28 years old) on the street in front of the cafeteria cafeteria located in Seoul Central-gu Seoul Central-gu.

The Defendant, as seen above, did not make efforts to return the above acquired property to the police station, and embezzled it as he had, without making efforts to return it to the victim.

2. On July 16, 2016, the Defendant failed to commit fraud: (a) as if he had the right to use the credit card acquired at the “H” point of the “F Victim G (age 46) operation of the Jung-gu Seoul Metropolitan Government (age 46)”; (b) had the Defendant paid 60,000 won in the immediately preceding cash and received 60,000 won in cash; (c) had the Defendant paid 60,000 won in cash; and (d) had the Defendant failed to commit an attempted act because it was proved to have been stolen and not settled.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Records of seizure and the list of seizure;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 360(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, the choice of each fine for the crime, and the choice of each fine for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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