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(영문) 서울서부지방법원 2019.05.29 2019고정140
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On September 15, 2018, the Defendant: (a) on the front side of the C Bank located in Eunpyeong-gu Seoul Metropolitan Government on September 15, 2018, the Defendant did not take necessary procedures, such as acquiring the C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Card lost and returned it to the victim; (b) on his/her own idea, he/she embezzled it.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. On September 16, 2018, around 09:20 on September 16, 2018, the Defendant provided a coffee amounting to KRW 2,500 from the Victim G (the age of 38) from “F store” located in Eunpyeong-gu Seoul, Seoul, and presented it to the victim as if he/she was a legitimate holder of the physical card acquired as referred to in paragraph (1) and paid the price, thereby using the said card, and acquired the same property from the victim.

B. On September 16, 2018, around 18:40 on September 16, 2018, the Defendant provided 34,000 won in total from the Victim J (22 years of age) who is an employee at the “I” restaurant located in Eunpyeong-gu Seoul Metropolitan Government H, and presented it to the victim as if he/she was a legitimate holder of the physical card acquired as referred to in paragraph (1) and paid the price, thereby using the said card. The Defendant acquired the property of the same amount from the victim and acquired the property of the same amount.

C. On September 16, 2018, at the main point of “L” located in K in Eunpyeong-gu Seoul Metropolitan Government on September 22:46, 2018, the card was used by presenting the price to the victim as if he/she was a legitimate holder of the check that he/she was provided with the beer and beer equivalent to 12,000 won in total from the victim M (n, 65 years of age) and that he/she received the property of the same amount from the victim and received the property of the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Report on internal investigation (verification of CCTV in a victim's card);

1. Application of Acts and subordinate statutes to a report on investigation (application for a warrant of search, inspection);

1. Relevant Articles 360(1) (the point of possession and embezzlement) and 347 of the Criminal Act concerning the crime;

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