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(영문) 서울중앙지방법원 2015.04.07 2015고정781
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On November 21, 2014, at around 20:15, the Defendant embezzled a national card (C) lost by the victim B, without following necessary procedures, such as acquiring one of the national cards (C) from the victim B and returning it to the victim under the automatic access system set by the Jung-gu, Seoul, Jung-gu, Seoul, Seoul.

2. On November 21, 2014, the Defendant entered the victim’s national card obtained as referred to in paragraph (1) as if he/she were his/her credit card and paid 129,000 won to an employee whose name is not known at the time of purchase of 1 DNA bags at the underground store of the building D, Jung-gu, Seoul, Seoul, as well as the date of indictment from around November 21, 201 to November 23:11, 201 and the attached list No. 9 as “23:00 on November 21, 2014,” but this is obvious that it is a clerical error in the “23:11 on November 21, 2014,” and thus corrected as above.

Attached Form

The amount of 2,674,800 won was paid by the credit card of the victim for nine times, such as the statement in the list of crimes.

3. No person who violates the Specialized Credit Financial Business Act may use lost or stolen credit cards;

Nevertheless, the Defendant used the credit card lost by the victim for nine times as provided in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in Category B, F, G, H, I, J, and K;

1. Application of Acts and subordinate statutes on credit card use receipts;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card, including the point of use of lost credit card), and the selection of each fine;

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

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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