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(영문) 서울서부지방법원 2018.04.24 2018고단554
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 23, 2017, the Defendant embezzled, without following necessary procedures, the Defendant: (a) obtained one credit card of a new bank owned by the victim C in front of the IBK Enterprise Bank located in Yongsan-gu Seoul, Yongsan-gu, Seoul; and (b) returned it to the victim; and (c) embezzled the Defendant on his/her thought he/she had.

2. On December 24, 2017, at around 11:03, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, purchased goods at E convenience stores operated by the victims in the name in Yongsan-gu Seoul, Yongsan-gu, Seoul. Around December 24, 201, the Defendant purchased goods equivalent to KRW 18,00 from an employee in the name in the place of the purchase as if the Defendant was a legitimate holder of credit card in the name in the name of Yongsan-gu, Seoul, and had the said employee prepare the sales slips by presenting the credit card in the name of C, and signed on the signature column of the sales slips.

Accordingly, the defendant deceiving the above employee, received property from the above employee, and used the credit card lost by others.

In addition, from that time to 21:35 of the same day, the Defendant used the credit card lost by C to obtain the total amount of 44,500 won by using the credit card in which C had lost, and received property equivalent to the total amount of 4,500 won, and used the credit card lost by others four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the place of crime, report on occurrence of crime (Embezzlement, etc. of occupied articles), investigation report (explosion of the scene and hearing of the victim's counter statement), investigation report (verification of CCTV in a card unlawfully used), investigation report (a suspect's specific Act

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the choice of punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and Article 70(1)3 (the use of lost credit cards), and each of the choice of imprisonment.

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