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(영문) 서울서부지방법원 2019.09.04 2019고정340
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

B There is no certain occupation between intellectual disability Grade III and the defendant, respectively, with disabilities of Grade II with intellectual disability.

1. Around 01:00 on October 05, 2018, B and the Defendant discovered one copy of the E- Card (F) lost by the victim D (25 years old, female) in Eunpyeong-gu Seoul and in front of the street around 01:0, and B obtained the Defendant’s fluoring.

As above, it has been embezzled without going through the procedure such as returning the other's goods acquired as above to the victim.

2. Violation of the Specialized Credit Financial Business Act, fraud B, and the Defendant purchased goods equivalent to KRW 14,700 at H located in Gangseo-gu Seoul Metropolitan Government on October 17, 2018, and the said A.

Pursuant to the attached list of crimes, the victim's E- Card (F) embezzled as stated in paragraph (1) was presented to I who is the business owner of the victim, and then paid the profits from property by illegally using the card as his own, and purchased 360,550 won at each member store over 12 times in total, as shown in the attached list of crimes, and the victim's card was presented as if it was owned by the member store operator, etc., and received property profits such as unlawful use by settling the card as if it was owned by

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the police officers against B and the accused;

1. Statement of victim;

1. A detailed statement of card use;

1. Application of the Acts and subordinate statutes on CCTV images taken by card users;

1. Relevant Articles 260(1) and 347(1) of the Criminal Act for criminal facts, Article 70(1)3 of the Specialized Credit Finance Business Act (a violation of the Specialized Credit Finance Business Act), Article 30 of the Criminal Act, and the selection of fines, respectively;

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

1. Articles 70 (1) 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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