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(영문) 수원지방법원 성남지원 2018.05.01 2017고정1864
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

1. On September 2, 2017, the Defendant embezzled the lost items of possession, without taking necessary measures, such as returning them to the victim, even though he/she acquired a Chapter 1 of the Hyundai Card, which is the victim’s ownership, in front of the exit port No. 6, No. 1139, 1139, as Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu.

2. On September 2, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased a e-mail store operated by the victim D in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; (b) purchased tobacco 11; (c) presented B’s modern card acquired by the Defendant to his non-employee as described in paragraph (1); (d) deceiving the said employee by doing so as to have a legitimate right to use the said modern card; and (c) obtained the said employee’s payment of KRW 11 of tobacco amounting to KRW 5,000, the market price of which is KRW 55,000 from the employee; and (d) by deceiving the victims by the same method five times from the day to 16:16 of the same day, as indicated in the list of crimes, and obtained the delivery of goods worth KRW 356,300,000 from the victims.

Accordingly, the defendant used lost credit cards and acquired the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of B’s written laws and regulations;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) (a) of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 347(1) (the point of fraud), Article 70(1)3 (the point of use of each lost card) of the Act on Financial Business Specializing in Credit, and the choice 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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