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(영문) 서울북부지방법원 2018.07.05 2018고정398
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 20:00 on September 14, 2017, the Defendant: (a) obtained a new eck card (E) lost from the victim D (21 taxes) in Jung-gu Seoul Metropolitan Government and in front of the street; and (b) embezzled that he/she would have on his/her own mind without following the procedure, such as returning the card to the victim. (c) On September 15, 2017, the Defendant purchased and settled tobacco to be f in Jung-gu, Jung-gu, Jung-gu, Seoul; (d) on September 15, 2017, the Defendant obtained the card as stated in the list of crimes, including paying 4,500 won for tobacco payments, and (e) took property gains equivalent to a total of KRW 143,800,000, more than seven times in total, as indicated in the list of crimes.

3. The Defendant in violation of the Act on Specialized Credit Financial Business obtained lost cards as above 1. and illegally used cards such as purchase and settlement of goods as above 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Reports on internal investigation (Hearing statements by victims) and reports on internal investigation (in-house investigation by card users);

1. Application of the Act and subordinate statutes to the crime scene CD images (G);

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 (1) of the Criminal Act concerning the selection of punishment (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) of the Act on Specialized Financial Business, and the selection of fines, respectively;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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;

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