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(영문) 서울동부지방법원 2020.06.04 2020고정134
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. In January 2019, the Defendant: (a) obtained the KB national check (C) lost by the victim B at a place where it is not known between January 2, 2019 and February 2; (b) but (c) acquired the physical check card that was brought to his/her use for the purpose of being returned to the victim without going through necessary procedures, such as returning it to the victim; and (c) embezzled it by acquiring the physical check card that was left from the possession of the victim four times in total as shown in the attached Form List of Crimes (1).

2. On February 8, 2019, the Defendant violated the Computer, etc. Use Fraud and Specialized Credit Financial Business Act: (a) around 22:25, 2019, at the time of opening the subway in the 243 Kasan-ro, Gwangjin-gu, Seoul Special Metropolitan City, for boarding the subway, obtained the Kakao Bank Card (E) in the name of the victim D, such as the above Kakao Bank Card (E) in order to get in the subway, and settled the 1,250 won of the subway by contact with the Kakao Bank Card in the payment terminal of transportation charges and paying the 1,250 won of the subway; and (b) as shown in the attached Table of Crimes List of Crimes (2), the Defendant, as described in the above “1”, processed the information without authority by making the 107,110 won of the Kao Bank Card and the F card in total

3. The Defendant attempted to commit fraud, around 04:0 on February 16, 2019, even though he did not have the intent or ability to pay taxi charges, he was boarding a taxi operated by the victim G in the vicinity of the Hong-in area located in Mapo-gu Seoul Metropolitan Government and arrived at the frontway of the Seoul Special Metropolitan City H., and the Defendant presented the completion to the victim as if he was his card was his card, but did not go through an attempted attempt, even though he did not have the right to use the e-mail card acquired, such as the above e-paragraph 1, to pay taxi charges.

4. On December 20, 2019, the Defendant is the victim Ja in Gwangjin-gu Seoul Special Metropolitan City around 18:08.

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