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(영문) 울산지방법원 2015.11.26 2015고정674
여신전문금융업법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 13, 2013, at around 11:00, the Defendant found at the C-type and the next parking lot located in Ulsan-gun, Ulsan-gun, a 440,000 won in cash, which the victim D lost, HNF C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Around 13:05 on April 13, 2013, the Defendant purchased goods of KRW 19,250 (19,250,00, such as rice, etc.) in the Jeju-si Alternative Province of Ulsan-gun, Ulsan-gun, and presented the NHFC card as if it was the Defendant’s credit card and used the credit card lost after signing the sales slip as if it were the Defendant’s credit card.

From that time until 16:38 of the same day, the Defendant used the credit card lost by the same method 11 times, such as the list of crimes in attached Form 1.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes, such as card cards, field photographs, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of stolen articles), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the illegal use of card), and the selection of fines, respectively;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

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