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(영문) 서울중앙지방법원 2016.07.21 2016고단2897
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. From March 17, 2016, around 18:00 on March 17, 2016, the Defendant embezzled one credit card of a national bank lost by the victim C at the bus stops located around Jongno-gu Seoul, Jongno-gu, Seoul, without following the procedures, such as acquiring one credit card of the national bank lost by the victim C, and returning it to the victim.

2. On March 17, 2016, at F convenience stores located in the E history of Jongno-gu Seoul, Jongno-gu, Seoul, the Defendant purchased 1 A tobacco equivalent to KRW 4,500 from the victim’s name who is an employee, and presented the credit card obtained as if there was a legitimate right to use the credit card, and then made the said victim prepare a sales pre-sale slip and sign it on the sales pre-sale slip.

Accordingly, the Defendant, by deceiving the above victim, obtained tobacco 1 A from the victim, and used the lost credit card from the victim. From that time to March 18, 2016, the Defendant was provided with the goods equivalent to the total market price of KRW 1,595,500 through 20 times, such as the list of crimes in the attached Table, and acquired, acquired, and used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of the use of cards, and application of each Act and subordinate statutes on cards;

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of items departing from possession), Article 347 (1) of the Criminal Act (the fraud point), and Article 70 (1) 3 (the use of credit card lost) of the Act on Specialized Credit Business, and the choice of imprisonment, respectively, with prison labor;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendations in accordance with the sentencing guidelines] o Class 1, 2, and 3 of Article 62(1) of the Criminal Act (each fraud). The scope of final sentence due to the aggravation of multiple offenses in the basic area (from June to January 1 and June): Six months to September 2.

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