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(영문) 전주지방법원 군산지원 2020.05.26 2019고단1598
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 7, 2019, the Defendant: (a) discovered a post office cream card with which the victim C lost; and (b) opened a corporate bank cream card with one copy of the market price without taking necessary procedures, such as returning the card to the victim; and (c) embezzled as he/she thought he/she had, without taking necessary procedures.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On September 7, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act around September 15:23, 2019: (a) around September 15:23, 2019, the Defendant, as the lawful holder of C’s post office cards acquired, such as the foregoing paragraph (1), proposed that he would normally pay the purchase price; (b) purchased tobacco equivalent to KRW 18,000 in total; and (c) presented the said check to the employees of the above convenience store in the name of the victim.

Accordingly, the defendant deceivings the victim, received the property from the victim, and used the lost check card.

B. On September 15, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act around September 15:39, 2019: (a) around September 15:39, 2019, at “G convenience store” located in the Sinsan-si, Sinsan-si, that the Defendant would normally pay the purchase price, as the lawful holder of the C post office card under the name of C, which he acquired as referred to in the foregoing paragraph (1); and (b) purchased tobacco 2:13,700 won in total, and 2:15:39, the Defendant had the victim’s employees of the convenience store, who are the victim, present the said c

Accordingly, the defendant deceivings the victim, received the property from the victim, and used the lost check card.

3. On September 12, 2019, the Defendant attempted to commit fraud, as the lawful holder of C’s physical check in the name of “I” located at H in Gunsan-si around September 2019, as indicated in the foregoing paragraph 1, and was committed as if he would normally pay KRW 15,000 to the victim.

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