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(영문) 서울북부지방법원 2015.03.19 2015고단412
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On September 25, 2014, the Defendant: (a) obtained one copy of the Korean card (D) lost by the victim C at the crosswalk located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul; and (b) embezzled without following necessary procedures, such as returning it to the victim; and (c) embezzled.

2. On September 26, 2014, the Defendant violated the Specialized Credit Financial Business Act, using the credit card obtained in the Jeju Jongno-gu, Jongno-gu, Jongno-do, 106-1 1st floor (main) 1st floor, thereby using the lost credit card by purchasing 230,000 or more of 318,50 won by using the said credit card four times every day as indicated in the attached list of crimes, as shown in the attached list of crimes.

3. On September 26, 2014, the Defendant: (a) by deceiving the Defendant as if he were the lawful holder of the said credit card; and (b) received a middle-standing 30,000 won of the said credit card; (c) and (d) received goods equivalent to KRW 318,500 in total in the same manner four times on the same day as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (credit card users E-related internal investigation);

1. A report on internal investigation (related to the telephone-based LAWC and the internal investigation);

1. A report on internal investigation (related to internal investigation at card-using places);

1. Application of Acts and subordinate statutes in a report on internal investigation (with respect to specific identification of the suspect);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of use of lost credit cards) and the choice of imprisonment for each sentence;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

Reasons for sentencing

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud [the basic area of six months (less than 100 million won)] and one year.

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