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(영문) 서울북부지방법원 2018.01.11 2017고정1748
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On July 9, 2017, the Defendant embezzled, on the ground that he/she acquired Samsung Card (D) owned by the victim C (26 tax and female) on the alley of Seongdong-gu Seoul, Seongdong-gu, Seoul (15-ro), but did not follow necessary procedures, such as returning it to the victim, and embezzled the Defendant’s thought.

B. Around July 20, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, when settling KRW 4,100 of the taxi costs from E-private taxi in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as Dongdaemun-gu) on July 9, 2017, the Defendant acquired a property benefit equivalent to the same amount by having the victim’s Samsung Card completed as mentioned in the foregoing paragraph (a) and presented it as if he had legitimate right to use, and allowing the Defendant to pay KRW 3,000 at a private taxi in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul Dongdaemun-gu”) around July 20:43, 2017, while paying KRW 3,00 of the taxi costs from F-si, the Defendant used the lost credit card by having the victim’s Samsung Card, as mentioned in the foregoing paragraph, presented it to the above method.

(c)

Around July 20:48, 2017, the Defendant attempted to acquire the amount equivalent to KRW 103,410,00, such as clothes, from H stores located in Dongdaemun-gu Seoul Metropolitan Government on July 9, 2017, and to acquire the same amount by presenting the Samsung Card acquired as mentioned in the above A as if the Defendant had a legitimate right to use, but was refused approval of a credit card and was subject to attempted attempts. On July 27, 2017, the Defendant paid KRW 11,00,000 at “K” restaurant located in Dongdaemun-gu Seoul Metropolitan City J, Dongdaemun-gu, Seoul, while paying KRW 11,00,00, the Defendant attempted to acquire the same amount by fraud by presenting it to the owner of the business as if the Defendant had a legitimate right to use, but refused approval of the credit card and attempted to receive the same.

Summary of Evidence

1. Each statement of C, M, N, I, and L;

1. A detailed statement of use of Samsung Card;

1. The CCTV images that have occurred;

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