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(영문) 부산지방법원 2018.02.21 2017고정1865
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On May 20, 2016, the Defendant acquired on May 20, 2016, a copy of the 75th anniversary of the Busan Jin-gu Welfare Hospital (Kin-dong), which is the victim’s possession (hereinafter “Min-dong”), the victim B lost on the street.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On May 20, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at around 16:21, 2016, presented the Victim D’s C’s C’s C’, as above, to the employees, the Defendant purchased goods equivalent to KRW 650,000 at the market price by the same method at the F’s convenience store operated by the non-victim in the name of the victim in Busan City, and at around 17:02 on the same day, purchased goods equivalent to KRW 1,200 at the market price from the same method at the F’s convenience store operated by the non-victim in the name of the victim in Busan City, and at around 17:58 on the same day, purchased goods equivalent to KRW 22,00 at the market price.

Accordingly, the defendant, by deceiving the victims, received the total amount of 23,850 won and used the lost check.

Summary of Evidence

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

1. Statement made by the police against B;

1. Police investigation report (to attachCCTV images);

1. Application of the statutes governing the use of text messages of damage cards;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and the selection of each fine for negligence;

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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