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(영문) 인천지방법원 2020.11.18 2020고정1705
점유이탈물횡령등
Text

Defendant shall be punished by a fine of three million won.

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

A. At around 10:30 on September 14, 2019, the Defendant acquired the card bags owned by the victim C (ma, 24 years old) and one physical card card, and one driver’s license, which are located in the wall bags, at the center near the entrance of the parking lot of the building B in Nam-gu Incheon, Nam-gu, Incheon.

The Defendant embezzled the acquired property without due process, such as returning it to the victim.

B. On September 14, 2019, the Defendant: (a) around 11:48, the Nam-gu Incheon Metropolitan Government D and E Convenience stores, and (b) presented and settled the C’s physical bank card acquired from the above convenience store occupants as one’s own act; (b) received goods equivalent to KRW 3,000 at the market price from the victim; and (c) around 11:56 of the same day, the Defendant received goods equivalent to KRW 850 by allowing C to settle the C’s carbook at the Nam-gu F and G convenience store; and (d) received goods equivalent to KRW 3,850 from the victim’s card on two occasions. Accordingly, the Defendant received property gains by obtaining property equivalent to KRW 3,850 from the victim’s card. (c) The Defendant attempted fraud on the same day at around 11:54 on the same day.

B. At the location of subsection (2) at the location of paragraph (3), the Defendant attempted to obtain property benefits by presenting C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s card to the convenience store members as one’s card, but was refused to pay due to shortage of balance and attempted to pay. (2) At around 12:00 of the same day,

(c) intended to obtain pecuniary benefits in the manner described in paragraph (1), but was rejected due to a shortage of balance and subsequently attempted to receive such financial benefits.

Defendant in violation of the Specialized Credit Financial Business Act

The victim's credit card obtained at the same time as described in the paragraph was used unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, J and K;

1. E-point receipts used by the suspect, G convenience point receipts used by the suspect, and victims;

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