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(영문) 서울북부지방법원 2017.06.27 2017고정883
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. From March 7, 2017, at around 19:35, the Defendant embezzled, without following necessary procedures, the Defendant: (a) purchased 1.50,00 won of the market price of the victim C (MCM, South-do) in the smoking room for the 1st floor of the building located in Gangseo-gu Seoul Metropolitan Government (27 years of age); (b) and (c) obtained 1/30,000 of the national physical card, 2/3 of the new physical card; and (d) returned to the victim; and (b) embezzled the Defendant’s thought that he/she would have come to have.

Therefore, the defendant used the credit card acquired by others illegally, and received property by deceiving others.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Receipts:

1. Application of the Acts and subordinate statutes on the closure of text messages and CCTV closure photographs;

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

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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