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(영문) 대구지방법원 2017.04.27 2016고단5740
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On February 18, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on June 23, 2016.

[Criminal facts] 2016 Highest 5740

1. On October 15, 2016, the Defendant: (a) acquired a copy of the Daegu Bank CC Card that the victim C lost in front of the church on the same-sex-ro 61, Daegu Jung-gu, Daegu, 00, the same-sex-ro between 00 to 00.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the acquired property on his own thought that he had.

2. On October 15, 2016, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased 1 lux tobacco from E convenience stores located in Jung-gu, Daegu-gu, Daegu-gu; (b) paid 45,000 won using the lux card of the victim, which he acquired as referred to in the preceding paragraph, using the lux-type card of the Daegu-gu Bank; (c) around 06:02 on the same day, the Defendant purchased 2 lux-type tobacco from G convenience stores located in the same GuF to pay 90,000 won by settling 90,000 won by settling lux-type 2 times in total.

"2016 Highest 5755"

1. Embezzlements of deserted articles in possession;

A. On September 25, 2016, the Defendant found 6,000 won in cash owned by the victim H, one copy of resident registration certificate, and 30,000 won in the market price of Nonghyup AC physical card around 05:00 on September 25, 2016.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. On October 28, 2016, the Defendant, on October 28, 2016, found one credit card of a national bank lost by the Victim K, on the front way of “J” located in the Jung-gu Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, about October 28, 2016.

The defendant shall have his own property without taking necessary procedures, such as returning the property acquired as above to the victim.

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