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(영문) 부산지방법원 2015.06.02 2015고정1503
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On November 18, 2014, the Defendant embezzled, on his/her own initiative, at around November 11, 2014, 11:00, he/she acquired a copy of the first floor emergency stairs underground of the Busan Northern apartment, the victim C lost, and instead did not follow necessary procedures, such as returning it to the victim.

2. On November 18, 2014, at around 13:58, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented at least C’s “Ecafeteria” located in Suwon-gu, Busan, as indicated in the preceding paragraph, that he/she would pay KRW 2,800 of the price by presenting that he/she was the Defendant’s physical check card; and (b) then, he/she acquired the lost physical check with the above-mentioned Kim (b) and wrongfully used the lost physical card from November 23, 2014, from that time to November 23, 2014, by illegally using the lost physical check as indicated in the list of crimes. (c) The Defendant obtained property, etc. of KRW 1,457,830 over 26 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of the Korea Trade Approval Inquiry Agency;

1. Relevant statutory provisions of Article 360(1) of the Criminal Act for criminal facts (the point of embezzlement of stolen items), Article 347(1) of the Criminal Act (including each fraud point, each victim's identity), Article 70(1)3 of the Specialized Credit Financial Business Act (the fact of unlawful use of each card, each of them), and selection of each fine;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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