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(영문) 춘천지방법원 2019.01.22 2018고단431
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. From February 11, 2018 to 16:00 on February 11, 2018, the Defendant acquired one E-(F) card owned by the victim D (50 years old, female) from the cross-road reporting in Switzerland B between 17:00 and C.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On February 11, 2018, the Defendant violated the Specialized Credit Financial Business Act, at around 19:50 on February 11, 2018, purchased e- card that was obtained as provided in paragraph (1) and had the victim prepare a bank’s credit card sales slip and puts a false signature on it, and then used the said e- card after having the victim prepare a bank’s credit card sales slip.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A written statement of I;

1. Application of the receipt statute

1. Relevant Article 360(1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, Article 70(1)3 of the Specialized Credit Financial Business Act, and the choice of fines;

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;

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