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(영문) 서울북부지방법원 2014.03.27 2014고정208
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 3, 2013, the Defendant: (a) obtained a resident registration certificate owned by the victim B, which was lost by the victim in the building side of the Gongung-dong, Nowon-gu, Seoul Special Metropolitan City, the Defendant embezzled the lost property without following the necessary procedures for lost property, such as returning it to the victim, even though he/she obtained a membership card owned by the victim B; and (b) obtained a wall wall with the victim’s father C’s Samsung card, which was contained in the victim’s father; and (c) embezzled it as it is.

2. The Defendant, as stated in paragraph 1, committed fraud, with the completion of the Samsung Card (D) in the name of Samsung (hereinafter “C”) acquired as one of his own C.

On November 3, 2013, at around 22:15, the Defendant purchased tobacco from the “F convenience store” located on the first floor of the building in Nowon-gu, Seoul Special Metropolitan City, the first floor of the building, and settled the amount of KRW 6,000 with the above Samsung Card to acquire financial profits equivalent to that amount.

B. Around that time, the Defendant continued to take a 7-line 7-line 7-line 7-line 2-line 7-line 2-line jun-dong in Seoul Special Metropolitan City, and was boarding a stud taxi in front of the new taxi market located in Dobong-gu Seoul Special Metropolitan City, and then paid 5,800 won to a cab driver, who is a non-victim, by paying the above Samsung Card to the above 5,800 won

C. At around 22:35, the Defendant continued to obtain financial benefits equivalent to the above amount by continuously settling the payment of KRW 300,000 with the above Samsung Card from the H main point located on the first floor of the Dobong-gu Seoul Building G, Seoul.

3. The Defendant violated the Specialized Credit Financial Business Act, as set forth in paragraph (1), used each other’s credit cards lost by using Samsung Card in the name of C, as set forth in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An investigation report (Submission of a written confirmation on details of use of a victim's lost card);

1. Application of Acts and subordinate statutes to receipts (H points) and written confirmation of details of use;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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