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(영문) 서울북부지방법원 2016.11.11 2016고정2116
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. On May 16, 2016, the Defendant, at around 01:30, acquired one copy of the corporate bank BC card (credit card number: E) that was lost by the victim D (the age of 56) in front of the skin management shop of the “C” among the “C” located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

The Defendant, without making any effort to return the above acquired property to the police station, embezzled that he had on his own mind, without reporting it to the victim.

2. Around 01:40 on May 16, 2016, the Defendant illegally used credit cards acquired six times from that time to 02:06 on the same day, from that time, as shown in the attached list of crimes, such as: (a) as if he/she had a right to use the company bank BC card in the name of D, as described in paragraph (1), when he/she purchased 1 bC card of an amount equivalent to 45,000 won from G Scmarket located in Gangnam-gu Seoul Metropolitan Government, Seoul; and (b) as if he/she had a right to use the BC card in the name of D, he/she presented it to H to prepare a sales slip equivalent to the same amount.

As a result, the Defendant, like the list of crimes in the attached Form, by deceiving the employees who are victims at least six times, received the total amount of 262,210 won from the above employees.

3. On May 16, 2016, the Defendant attempted to commit fraud: (a) presented to K (n) of the victim’s company bank BC card in the name of D (n, 49 years old) as described in paragraph (1) to K (n) of the first underground floor of the Gangnam-gu Seoul Metropolitan Government I on May 16, 2016; and (b) obtained economic benefits by allowing the settlement of 400,000 won for singing singing music use for three hours; (c) however, the Defendant failed to comply with a report of loss by refusing to grant approval.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (verification of answer history at the scene of occurrence), report on internal investigation (verification of the scams of CCTV at the place of occurrence), and report on internal investigation (verification of the victim's face of committing a crime by using the card);

1. Using text messages and cards;

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