logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.08.13 2015고단2626
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 24, 2014, the Defendant was sentenced to the punishment of larceny in Seoul Southern District Court for eight months and completed the execution of the punishment in Seoul Southern District Court on November 30, 2014.

1. At around 14:00 on July 3, 2015, the Defendant: (a) acquired 48,000 won in cash, the victim C lost; (b) one card; and (c) one color tag containing two identification cards, the victim C lost.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property that he/she had, on his/her own initiative, left from the possession of another.

2. On July 3, 2015, the Defendant violated the Specialized Credit Financial Business Act and the Defendant: (a) at the F convenience store operated by the Victim E in Yeongdeungpo-gu Seoul Metropolitan Government on July 15:16, 2015; (b) at the convenience store, the Defendant purchased DNA tobacco 1, and (c) presented the NA card acquired as stated in paragraph (1) as if the Defendant was a legitimate holder of the said card, and had the employees pay 4,000 won of the said card; (c) from that time, the Defendant paid 42,200 won of the said amount of the price in the same manner until 15:40 on the same day, and used the credit card lost by receiving the same amount of goods, and received goods, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, G, H, I, J, and K;

1. Police seizure records;

1. Previous convictions in judgment: Application of investigation reports (report on confirmation of the date of release) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 360(1) of the Criminal Act, Articles 70(1)3 of the Specialized Credit Financial Business Act, Article 347(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Recommendation of the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders

arrow