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(영문) 대구지방법원 2016.02.03 2016고정110
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On December 13, 2015, the Defendant, starting from around 07:50 to around 07:50 at the Busan Station, embezzled, without following necessary procedures, such as acquiring one of the modern department stores, gift certificates, modern credit cards, and new credit cards owned by the victim B, which arrive at around 09:27 to the large area, and returning to the victim.

2. On December 13, 2015, at around 10:59, the Defendant took the same attitude as the person who was a legitimate holder of a new credit card acquired by the Defendant, in violation of the Act on Financial Business Specializing in Credit, and around 10:59, the Defendant took the same attitude as the person who was in possession of a new credit card acquired by the Defendant as in the preceding paragraph. The Defendant presented the said credit card to the victim E, and signed it by having the victim E prepare a credit card sales slip, after receiving an envelope delivery.

Accordingly, the Defendant used lost credit cards and received property equivalent to 80,830 won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. E statements;

1. Receipts:

1. Application of the Acts and subordinate statutes on the screen of photographs and CCTV closures;

1. Relevant legal provisions for facts constituting an offense, Article 360 (1) of the Criminal Act for the selection of punishment (the embezzlement of possession, the selection of fines), Article 70 (1) 3 (the use of lost credit cards, the selection of fines), Article 347 (1) of the Criminal Act for financial business specializing in credit, and Article 347 (1) (the fraud point and the selection of fines) of the Criminal Act;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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