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(영문) 부산지방법원 2020.04.06 2020고정36
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 6, 2019, around 10:00, the Defendant embezzled, in front of the public parking lot in the subway station in the subway station in Busan East-gu, 1520, one copy of the C card owned by the victim B (credit card number : D) which was lost due to the loss of the victim B caused by the loss of the damages on the road, and without taking necessary measures, such as returning it to the victim, the Defendant embezzled, with the intent to use it for private purposes for the Defendant, the property of which he/she has left the possession.

2. The Defendant, at around 10:53 on September 6, 2019, indicated in the “F Pharmacy” in Busan East-gu, Busan-dong, using the above C Card that B lost and acquired by the Defendant, as stated in paragraph (1), paid KRW 30,00 won by presenting C Card to the victim in the name failure to use the said F Pharmacy as if the Defendant had the right to use the said C Card. From that time to September 17:01, 201, the amount of use No. 12, out of the list of crimes attached to the indictment attached to the bill of indictment in the annexed List of Crimes, is stated as KRW 27,000, but according to the investigation report (the General Inquiry Table received from the C Card), the amount was corrected to KRW 1,800, and accordingly, the amount was corrected to KRW 509,040,408,4084,8084,000.

In 40 times in total, the above C Card was presented to the victims who are employers and lost credit cards by settling the total amount of 483,840 won and acquired financial profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Entry into the protocol of seizure;

1. Entry of an investigation report (the approval general inquiry table received from the C card);

1. Application of the Acts and subordinate statutes written in B;

1. Article 360 of the Criminal Act applicable to facts constituting an offense, Article 360(1) of the choice of punishment (the occupation of embezzlement) of the Criminal Act, and Article 70 of the Specialized Credit Financial Business Act.

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