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(영문) 서울북부지방법원 2016.12.08 2016고정2087
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. At around 12:00 on August 6, 2016, the Defendant: (a) obtained a copy of the C tourist hotel D's 1st floor in Gangnam-gu Seoul, Seoul, on which he works as his employee; and (b) obtained a copy of the CP C's e-mail card lost by the victim E.

The Defendant did not follow the necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that have taken possession of the victim as he/she had thought to possess.

2. The Defendant attempted to commit fraud, around 13:00 on August 6, 2016, purchased living juice 1,500 won equivalent to the market price, from G in Jung-gu Seoul, Jung-gu, Seoul, and the first floor, and attempted to pay the price by presenting the acquired credit card to his/her employee as if he/she was his/her credit card. However, the Defendant refused approval.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A card use receipt, or an message using a terminal card;

1. G CCTV closure photographs;

1. Application of Acts and subordinate statutes to investigation report (on-site CCTV confirmation and application for search, seizure and verification warrant);

1. Relevant Article 360(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, the choice of each fine for the crime, and the choice of each fine for the crime;

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

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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