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(영문) 울산지방법원 2018.07.04 2018고정562
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. On November 201, 2017, the Defendant: (a) up to 08:00, at the time of the cash withdrawal of the mutual savings bank in Ulsan-dong, Ulsan-gu, Ulsan-do, the victim B obtained the cash withdrawal card from the bank; (b) but did not take necessary procedures such as returning the card to the victim; (c) the Defendant thought that he/she had had it.

As a result, the Defendant embezzled the property that was separated from the possession of the victim.

2. On November 25, 2017, at around 13:43, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, when paying KRW 1,250,00, the Defendant was deprived of using the lost debit card by settling a sum of KRW 45,40,00, as shown in the list of crimes in the separate sheet of crimes, including the following: (a) the Defendant: (b) paid KRW 1,250,00 on board the D urban bus belonging to C; and (c) presented and settled the card as if the Defendant was the genuine owner; and (d) paid the card.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Financial Business Specializing in Credit, Article 360(1) of the Criminal Act, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in the largest fraud), which is subject to aggravated punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the first sentence of Article 334(1) of the Criminal Procedure Act, which is the first offense for sentencing of Article 334(1) of the Criminal Procedure Act, and the minor of the amount of damage.

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