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(영문) 서울중앙지방법원 2019.10.10 2019고정1446
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around March 1, 2019, the Defendant embezzled the lost possession, i.e., the Defendant: (a) obtained a copy of the Victim B’s Cze Card, which is owned by the Victim B and without undergoing the procedures to return it to the Victim; and (b) obtained a copy of the Cze Card, which is owned by the Victim B, in front of that 201, Gangnam-gu, Gangnam-gu, Seoul.

2. Fraud;

A. On March 1, 2019, around 14:21, 2019, the Defendant, by deceiving an employee of the victim’s card acquired from Gangnam-gu Seoul Metropolitan Government C’D as referred to in the foregoing 1. by deceiving him/her as if he/she was his/her card, thereby taking economic benefits by purchasing 1,300 won per share of the victim’s occupation D, and purchasing 1,300 won per share.

B. On March 1, 2019, around 14:30 on March 1, 2019, the Defendant, by deceiving an employee of “F” convenience stores located in Gangnam-gu Seoul, by suggesting that he had completed the card to his employee as if he had been his card, and then purchased one cigarette of the amount equivalent to 40,000 won owned by the victim F convenience store.

C. On March 4, 2019, around 11:08, the Defendant, at the convenience store of “F” in Gangnam-gu, Seoul, by deceiving an employee of the victim’s card obtained as above 1.1 by suggesting that he was his card as if he was his card, thereby taking economic benefits by purchasing one kind of tobacco equivalent to 40,000 won owned by the victim F convenience store owner.

3. A person who violates the Specialized Credit Financial Business Act shall not unlawfully use a lost or stolen card. However, the Defendant used the victim’s credit card obtained as described in the above 1.1, and used the victim’s credit card on three occasions as described in the above 2.1.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of reports on internal investigation and investigation reports (in-depth CCTV) and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 360(1) of the Criminal Act (the point of possession and embezzlement) regarding the crime, and Article 347(1) of the Criminal Act concerning the selection of punishment;

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