logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.01.11 2017고정1765
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around July 18, 2017, the Defendant found one copy of the C C C C’s C’s C’s C’, which was lost by the victim D(28 tax) before the Seoul Dobong-gu Seoul Metropolitan Government.

However, the defendant did not follow necessary procedures such as returning the above acquired card to the victim, and he embezzled the card with the defendant's idea.

2. Around July 18, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business purchased an amount equivalent to KRW 9,300,00 in total, including KRW 4,800, tobacco 4,500, etc. from F located in Dobong-gu Seoul, Dobong-gu, Seoul, and used the e-mail card of a national bank, which was lost while having acquired and settled the e-mail card of the victim, by presenting the e-mail card as if the Defendant had legitimate right to use.

3. On July 18, 2017, the Defendant attempted to acquire an amount equivalent to KRW 7,500,00, such as urban village, etc., from “Seoul Dobong-gu Seoul Metropolitan Government GH GH (WW)” and intended to obtain payment by presenting the victim’s physical bank card as if the Defendant had legitimate right to use. However, the Defendant failed to obtain approval due to the victim’s loss report and failed to achieve such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Receipt of visit reports, written statements of victim's self-written statement and statement of card use;

1. The provisions of Acts and subordinate statutes concerning the reporting of internal accidents ( listening to statements of damage and CCTV in the use of cards) and CCTV recording data;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act (the fraud point), Articles 352 and 347(1) (the occupation of attempted fraud) of the Criminal Act, Article 70(1)3 (the occupation of unlawful use of physical card) of the Act on Specialized Financial Business for Credit, Article 360(1) of the Criminal Act (the occupation of embezzlement of deserted articles), and selection of fines, respectively;

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. The order of provisional payment;

arrow