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(영문) 전주지방법원 2018.03.29 2018고정73
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant: (a) discovered one point of the Korean card (D) lost by the victim C at the seat of a bus located in the front of the “Saong-jin-gu Police Station,” which was located in his/her substation; (b) did not follow necessary procedures, such as returning the same to the victim; and (c) embezzled it on his/her idea that he/she had to have.

2. On February 20, 201, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) took a bus on the bus platform operated by an irregular bus engineer located in the former North Jeju-gun on February 14:01, 201; (b) took property benefits by having contacted the aforementioned C’s card with the fare of KRW 1,250 as if he was his card, and settling the boarding fee of KRW 1,250; (c) from around that time to August 24, 2017, the Defendant took 1,638 times in total, including the list of crimes in attached Form 1,638, and used another person’s credit card unlawfully.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s petition;

1. Application of Acts and subordinate statutes to internal investigation reports (Analysis, etc. of the details of card use), investigation reports (Analysis of video data of urban bus booms), investigation reports (where additional documents are submitted to the victim), investigation reports (where additional documents are submitted to the victim), and investigation reports (F counterpart investigation of bus engineers);

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is the case where the defendant committed various crimes using a credit card of a victim C for about one year and six months through the cryptive opportunity to acquire a victim C’s credit card, and the frequency, period, etc. of crimes.

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