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(영문) 서울남부지방법원 2020.12.17 2020고정1622
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On June 26, 2020, the Defendant: (a) obtained the national card (C) lost by the victim B at the location of the Gangseo-gu Seoul Gangseodong, Gangseo-gu, Seoul; (b) but did not take necessary procedures, such as returning it to the victim; and (c) took the idea that he/she had to have.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 27, 2020, the Defendant violated the Use Fraud of Computer, etc. and Specialized Credit Financial Business Act: (a) around 05:23, 2020, at the new village platform platform (5-1) located in the New village of Mapo-gu Seoul, Mapo-gu, Seoul; (b) obtained approximately KRW 1,000, without authority, using the embezzled credit card as described in paragraph (1), and used the lost credit card to obtain financial benefits of KRW 1,000 from around that time to June 29, 2020, by inputting the information without authority into the information processing device, such as computer, etc., 15,700 won in total, from around 200 to June 20, 206:20.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the victim's written statement;

1. Application of the Acts and subordinate statutes concerning each CCTV course photograph;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347-2 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the illegal use of credit card, including illegal use of credit card), and the selection of each fine;

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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentencing reasons for Article 334(1) of the Criminal Procedure Act are relatively minor and the amount of damage incurred by B is repaid, and the defendant’s mental illness is deemed not to be minor in light of his attitude in the process of public trial, etc., a sentence identical to the order shall be imposed by partially reducing the amount of fine determined by the summary order

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