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(영문) 서울남부지방법원 2015.09.22 2015고정1534
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 September 29, 2014, the Defendant embezzled the property that was occupied by another person without following necessary procedures, such as acquiring one copy of the corporate bank physical card that was lost by the victim B in the street near the error station in Guro-gu Seoul, Guro-gu, Seoul, and returning it to the victim.

2. On September 29, 2014, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) around 20:06, the Defendant purchased goods, such as tobacco, at the D convenience store operated by the victim’s bearers in Guro-gu Seoul Metropolitan City; and (b) presented B’s corporate bank physical card, as described in paragraph (1), as if he were the legitimate owner; and (c) received goods, such as tobacco, etc. equivalent to KRW 80,200 at the market price from the employees of the above convenience store on the same day; and (d) on the same day, the Defendant presented the above physical check card at the convenience store in Guro-gu and singing practice room using the same method six times in total as indicated in the attached list of crimes, and received goods equivalent to KRW 569,800,00 in total, or paid the singing practice room, thereby deceiving the victims to acquire or benefit from property, and used the lost debit card.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. The application of Acts and subordinate statutes to each investigation report and reports on the occurrence of such an act and subordinate statutes;

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 (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegality of debit cards) and selection of fines, respectively;

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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