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(영문) 제주지방법원 2017.12.14 2017고정352
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 18, 2016, at around 13:30 on September 18, 2016, the Defendant embezzled the Defendant’s awareness of disposal without taking measures such as acquiring the new physical card (E) of the victim D (nives, 26 years of age) on the street in front of the “C hotel” in Jeju City, and returning it to the victim.

2. Violation of the Act on Financial Business Specializing in credit, and fraud;

A. On September 18, 2016, around 13:44, the Defendant acquired pecuniary benefits, such as paying 4,500 won in heart tobacco, by presenting the victim’s new physical card embezzled in the “G convenience store” located in Jeju-si F, to the legitimate holder of the right.

B. On September 18, 2016, around 13:57, the Defendant acquired pecuniary benefits, such as paying 15,000 won by presenting the said new physical card to a legitimate holder who is a legitimate holder, in the “I point” located in H at Jeju.

(c)

On September 18, 2016, around 16:02, the Defendant acquired economic benefits, such as settling the book value of 13,000 won, by presenting the said new e-mail card to the legitimate holder of the personal seal, at K, which is located in the J of Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Two copies of data for approval of physical cards;

1. Application of Acts and subordinate statutes to investigation reports (the recovery of victim's check cards);

1. Article 347(1) of the Criminal Act in relation to the relevant criminal facts, Article 360(1) of the Criminal Act (the point of fraud), and Article 70(1)3 of the Act on Financial Business Specializing in Credit (the point of using lost cards) concerning the criminal facts;

1. Selection of each alternative fine for punishment;

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

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