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(영문) 서울남부지방법원 2020.07.24 2020고정995
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. Around February 22, 2020, the Defendant embezzled a D (E) card (E) which the victim C (M, 27 years old) fell at the bus bus stops located in the front of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and then embezzled it.

2. The same year for defendants who violate the Specialized Credit Financial Business Act;

2. 8. 20:54 minutes of August 20: (a) on the part of Yeongdeungpo-gu Seoul Metropolitan Government’s 1st floor “G” convenience store, and settled the price of KRW 43,000,000 after ordering the order, and (b) on the part of the Defendant, the victim-owned cards were presented to H (Nam, 30 years of age) to the employees of H, thereby illegally using the said cards lost by the victim.

3. The Defendant, at the same time, at the same time and place as the above “paragraph 2,” presented the above D Card, which was presented by the Defendant in order to purchase 1 Domind and settle the price of KRW 43,000, to the above employee H (ma, 30 years old) who is unaware of the fact that the said D Card was owned by the Defendant, and thereby, had the said employee pay 43,000 won of the above tobacco value, thereby having the said employee acquire property benefits equivalent to the said amount.

4. The Defendant attempted to commit fraud, at around 20:58 on the same day, continuously purchased 3MG tobacco 20,000 from the victim’s credit card, which had been acquired as above, to pay 90,000 won, with the said employee’s credit card. However, the Defendant failed to commit an attempted crime due to the victim’s loss or theft report, even though the victim’s credit card payment was not approved.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fire-proof report (on-site CCTV image verification);

1. Application of Acts and subordinate statutes to each investigation report (referring to the submission of specifications of transactions of victim DNA cards, details of the I card replies, damage, etc.);

1. Article 360 of the Criminal Act applicable to facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the occupation of embezzlement) and the Specialized Credit Financial Business Act.

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