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(영문) 의정부지방법원 2020.05.21 2019고정1774
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On July 30, 2019, the Defendant acquired one copy of the NongHy ck Card, the victim C lost, on the front side of the Council city B around 01:30 on July 30, 2019.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Violation of the Specialized Credit Financial Business Act and fraud;

A. On July 30, 2019, at around 02:57, the Defendant: (a) boarded the victim E-Operation F G on the front of the Council members DD; (b) moved to the front of the H apartment at the Council of the Government; and (c) did not have the intent or ability to pay the price normally, the Defendant obtained the above-mentioned C C C C C physical card after presenting the 5,900 taxi fee to the victim as if the Defendant was the Defendant’s card, thereby obtaining pecuniary benefits equivalent to the said amount.

Accordingly, the defendant used the lost physical card and acquired property benefits by deceiving the above victim.

B. At around 05:50 on the same day, the Defendant: (a) boarded the victim I’s JK from the school distance in Dobong-gu Seoul Metropolitan Government on the same day, moved to the Dobong Station; and (b) did not have the intent or ability to pay the price normally, and (c) obtained pecuniary benefits equivalent to the amount of the taxi fee by presenting the above-mentioned C C C C C c c k card to the victim as if the Defendant was the Defendant’s card.

Accordingly, the defendant used the lost physical card and acquired property benefits by deceiving the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A photograph of each CCTV closure;

1. Application of Acts and subordinate statutes to report internal investigation (for a suspected taxi, cases of a suspected taxi) and report internal investigation (for a taxi using a victim's card, cases of a taxi);

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Act on the Selection of Punishment (the Embezzlement of Possession) and Article 70(1) of the Specialized Credit Financial Business Act.

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