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(영문) 부산지방법원 동부지원 2014.11.20 2014고정689
점유이탈물횡령등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 14:00 on October 26, 2013, the Defendant: (a) obtained a new visa card owned by the victim D on the road located in Busan Jin-gu, Busan; and (b) embezzled the card without following necessary procedures, such as returning it to the victim.

2. On October 26, 2013, the Defendant attempted to benefit from property by making payment of KRW 1 A. 2,500 to the victim H, an employee, by presenting the new visa card in the name of D, as described in paragraph 1, at G convenience stores located in the F market located in Busan Metropolitan City Shipping Daegu, as stated in paragraph 1, at around 17:40 on October 26, 2013, but the Defendant failed to bring the said new visa card from the victim, which was discovered to be lost or stolen, and did not bring the said card to an attempted crime.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act (the occupation of attempted fraud) of the same Act;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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