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(영문) 서울북부지방법원 2019.09.05 2019고단866
점유이탈물횡령등
Text

Defendant shall be punished by imprisonment with prison labor of three years and six months and by a fine of 500,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant sentenced the Seoul Central District Court to one year and two months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and completed the execution of the sentence in the Chungcheong detention house on October 20, 2018.

【Criminal Facts】

1. Around January 12, 2019, the Defendant: (a) obtained one copy of the C (credit Card Number: D) card (the victim’s ownership) owned by the victim B in the Nowon-gu, Seoul Special Metropolitan City-gu Nowon-gu’s Nowon-gu’s set-off; (b) but did not take necessary procedures, such as returning it to the victim; and (c) embezzled as he/she thought he/she had.

2. On January 13, 2019, the Defendant purchased one bank equivalent to KRW 268,200 at the H store of a G building managed by the victim F in Seoul Special Metropolitan City, Nowon-gu, at around 14:00, and presented the C card, as described in paragraph 1, as if the Defendant was the Defendant’s card, and obtained the said bank from the victim and acquired it, and used the lost debit card.

The Defendant sentenced six months to imprisonment with prison labor for larceny, etc. at the Suwon District Court on April 18, 2012; on July 9, 2014, the Seoul Northern District Court sentenced ten months to imprisonment with prison labor for larceny, etc. on November 3, 2014; on November 23, 2017, the Seoul Eastern District Court sentenced the Defendant to four months of imprisonment with prison labor for larceny, etc.; on November 23, 2017, one year and two months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) from the Seoul Central District Court on November 23, 2017; and on October 20, 2018, the enforcement of the sentence was terminated at the detention house at the Jeju District Court.

【Criminal Facts】

1. On April 27, 2019, the Defendant: (a) on April 27, 2019, the Defendant: (b) obtained a copy of the L Card lost by the Victim K in the vicinity of the J convenience shop located in Daegu-gu Daegu-gu, Daegu-gu, and did not take necessary procedures, such as returning it to the victim; and (c) carried the Defendant’s thought.

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

2. Fraud.

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