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(영문) 광주지방법원 2018.09.21 2018고단1985
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. From February 16, 2018 to April 5, 2018, the Defendant: (a) in the vicinity of Seo-gu Seoul Metropolitan City, Seo-gu, Gwangju Metropolitan City, the date, time, and place of this part of the facts charged is determined to be within the extent consistent with the facts charged; and (b) there is no risk of causing disadvantages to the Defendant’s exercise of his/her right to defense; and (c) thus, ex officio recognition is made.

2. Around April 5, 2018, the Defendant: (a) purchased tobacco 1 at the F convenience store located in Seo-gu, Seo-gu, Gwangju; and (b) made a lawful settlement of the price to an employee whose work name is unknown; (c) obtained KRW 4,100 from the D’s new credit card obtained as described in the preceding paragraph; and (d) obtained KRW 4,100 by using the credit card lost by D, and by deceiving the said employee to receive property.

In addition, from around that time to April 12:44, 2018, the Defendant used a credit card lost by D over five times in total, as shown in the list of offenses, and received property worth KRW 20,500 in total by deceiving victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Settlement letters, details of G use, and receipts;

1. Application of Acts and subordinate statutes to report internal investigation (CCTV verification and investigation);

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense; Article 70(1)3 of the Act on the Financial Business Specializing in Credit; Article 347(1) of the Criminal Act;

1. Selection of imprisonment with prison labor for the choice of punishment (the crime of embezzlement of deserted articles by possession is punishable by a fine of two times in 2017). One time is a crime using the acquired credit card 34 times, the remaining one is punished as a crime of embezzlement of possession over five times in two months.

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