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(영문) 대구지방법원 2013.07.03 2013고정1173
점유이탈물횡령등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 06:00 on March 26, 2013, the Defendant: (a) found one credit card of the victim C’s Daegu Bank’s Daegu Bank’s Daegu Bank, which was adjacent to the current payment period, in Daegu-gu B apartment; (b) but did not follow necessary procedures, such as returning it to the victim; and (c) embezzled the victim’s idea.

2. Even if no person violating the Specialized Credit Financial Business Act uses lost credit cards, the Defendant used the lost credit cards of the Daegu Bank in the following manner:

On March 26, 2013, around 06:19, the credit card was illegally used when purchasing an amount equivalent to KRW 28,000 in the E Convenience located in Daegu Northern-gu, Daegu-gu, at the Evexal value of KRW 46:19.

B. On March 26, 2013, around 06:29, at G convenience stores located in the Daegu Northern-gu, Daegu Northern-gu, purchase equivalent to KRW 49,000 of the market price, such as butane tobacco, and used the said credit card unlawfully.

C. On March 26, 2013, around 06:49, the said credit card was illegally used when purchasing sacr and sacrines equivalent to KRW 90,000, respectively, from 22, each of the middle-gu H I Joint Market Designation in Daegu-gu H, Daegu-gu, as one joint market designation.

On March 26, 2013, around 08:42, the credit card was illegally used when purchasing 54,000 won at K located in Daegu-dong-gu, Daegu-gu at the market price.

E. On March 26, 2013, around 11:07, the said credit card was illegally used when purchasing an amount equivalent to KRW 220,000 at the market price of the tape recorder in the Daegu Northern-gu L.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs of storing damaged articles;

1. Application of Acts and subordinate statutes on the details of card use;

1. Relevant Article 360 (1) of the Criminal Act concerning facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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