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(영문) 수원지방법원 2017.06.29 2017고정1056
점유이탈물횡령등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 2, 2012, the Defendant, at around 17:00, up to October 2, 2012, he did not take necessary procedures, such as returning to the victim the walled She lost (one cash KRW 80,00, No. 31, No. 1, and one transportation card card) on the alley-dong sub-section in Suwon-si, Suwon-si, Suwon-si, and on his own thought he had.

In this way, the defendant embezzled the property that has escaped from the possession of the victim.

2. On October 3, 2012, the Defendant of the Act on Specialized Credit Financial Business purchased 2 money equivalent to KRW 560,000 from 'D' located in Suwon-si, Suwon-si, which purchased 576,300 won from 'C' to 'C' and used 560,000 won from 'C' to 'C', which was located in Suwon-si, and purchased 'the said card' at neighboring convenience stores, etc. 8 times in the same day and used it illegally using the 'C' card by using the 'C' card of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Images of DNA on-site CCTV;

1. Details on the back of the card after payment in D;

1. Application of a copy of the Act and subordinate statutes to victim agricultural cooperatives (E);

1. Relevant Article 360 of the Criminal Act, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 70 (1) 3 of the Act on Special Financial Business for Credit Specialized, and the selection of fines, respectively, for the crime;

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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