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(영문) 부산지방법원 2018.02.07 2017고단4449
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,400,00.

When the defendant does not pay the above fine, 40,000 won.

Reasons

Punishment of the crime

1. The defendant's sole crime;

A. On May 7, 2017, around 05:50, the Defendant embezzled it by citing that the victim D had a head of the Busan Bank C&C, which was owned by the victim D, which was the victim of his/her own damage, on the road in front of Busan, Jin-gu, Busan, and embezzled it.

B. On the same day, the Defendant purchased goods equivalent to 12,800 won from the injured party who could not know his name at the "F convenience store in Busan-gu, Busan-gu, Busan-do, and suggested the above physical card as if the injured party had a legitimate possession of the above physical card.

The defendant had the victim believed this to settle 12,800 won of the goods with the above physical card.

In this respect, the defendant used lost physical cards and acquired pecuniary benefits from the injured party by deceiving the injured party.

2. Joint crimes with G;

A. The Defendant, as described in paragraph (1) of around 13:36 on the same day, issued another person's physical card to G, and purchased tobacco, etc. to G, and then intended to have the recipient.

The purpose of G is to purchase goods equivalent to 18,00 won, such as tobacco, from a person who is not aware of his name at the I convenience store located in the Busan East-gu, Busan, with knowledge that the above physical card was another person's physical card acquired by the defendant, and after suggesting the above physical card to the victim as if he was a legitimate holder of the above physical card, G had the victim believe that it was the above physical card pay 18,000 won of goods with the above physical card.

In this respect, the defendant and G used the lost physical card in collusion with the victim, and acquired economic benefits from the victim by deceiving the victim.

B. The Defendant, as described in paragraph (1) of around 13:52 on the same day, issued another person’s body card acquired to G and offered that he purchased goods to G. G, while G is aware of the fact that the above body card was another person’s body card acquired by the Defendant, from the damage from the K convenience store located in the Busan East-guJ, Busan.

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