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(영문) 서울남부지방법원 2017.11.16 2017고단4786
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 18, 2015, the Defendant was sentenced to six months of imprisonment with labor due to forced indecent acts, etc. in the Busan District Court’s Vice Branch branch, and the enforcement of the sentence was terminated on April 8, 2016 at the Incheon Detention House.

1. From September 23, 2017, around 06:00 on September 23, 2017, the Defendant embezzled, with a view to having himself/herself, without following necessary procedures, such as acquiring one credit card of a new bank owned by the victim C, the victim of which was lost, and returning it to the victim, before the pleasure line, located in the Dong of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu. 280.

2. Attempted fraud;

A. On September 23, 2017, around 06:25, the Defendant presented the credit card lost by the victim C as if the Defendant was the Defendant’s credit card holder, as set forth in paragraph (1), to the victim’s name, who was an employee, who was an employee, and would purchase alcohol and fash.

A false statement was made.

However, the defendant was not the owner or legitimate holder of a credit card, and there was no intention or ability to pay the purchase price even if the goods were purchased.

As above, the Defendant: (a) by deceiving the victim, attempted to deliver goods such as alcohol and fy that amount to KRW 3,100 in the market price; (b) but did not bring about such intent on the wind for which the card is refused to be approved.

B. On September 23, 2017, the Defendant, at around 10:30 on September 23, 2017, at “G convenience store” located in Yeongdeungpo-gu Seoul Metropolitan Government F, by deceiving the victim H, who is an employee, in the same manner as Paragraph (a), and attempted to receive goods such as alcohol and tobacco from the injured party, but the card did not reach an attempted attempt, even if the card was rejected.

3. On September 23, 2017, at around 12:14, the Defendant ordered alcohol and food to the victim as if he would normally pay the completion money in the “K cafeteria” operated by the Victim J in Yeongdeungpo-gu Seoul Metropolitan Government.

However, in fact, the defendant did not have any money at all, so he wishes to pay the value of food.

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