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(영문) 서울중앙지방법원 2018.05.30 2018고단1028
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 9, 2018, around 03:30 on February 9, 2018, the Defendant: (a) obtained a new physical card (credit card number (F) owned by the victim E, but did not take necessary procedures, such as returning it to the victim; (b) obtained a new physical card (credit number) owned by the victim E; and (c) went on his/her own idea without taking necessary procedures, such as returning it to the victim; and (d) obtained a wall, credit card, resident registration certificate, etc. lost by the victim E and seven persons from January 13, 2018 to February 9, 2018, and did not take necessary procedures, such as returning it to the victims.

As a result, the defendant embezzled the assets that have been separated from the occupation of the victims.

2. From February 9, 2018, around 05:41, 2018, the Defendant violated the Act on Specialized Credit Financial Business and the Defendant purchased a beer card equivalent to KRW 2,00,00 in the market price under Paragraph 1, which was operated by the victim’s name, and offered E’s new physical card to employees in non-name as if he/she was his/her own card and presented it as if he/she had the above employee settle KRW 2,00, and received a beer equivalent to that amount, as shown in the attached crime list 2, as in the attached crime list 13 to February 9, 2018, the Defendant purchased clothes, food, film plates, etc. from January 13, 2018 to February 9, 2018, and after purchasing the soft card or credit card lost by four other persons as if he/she was one of his/her own card and provided the victims with the total amount of KRW 390,310,390, etc.

Accordingly, the defendant used lost credit cards and debit cards, and acquired property or property benefits by deceiving victims.

3. The Defendant attempted to commit fraud on February 9, 2018, on the front side of “H” located in Gangnam-gu Seoul Metropolitan Government G around February 07:10, the Defendant paid 17,200 won to the victim’s name-free taxi drivers and paid 17,200 won to E’s new e-mail card, such as paragraph 1, is his/her card.

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