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(영문) 서울중앙지방법원 2020.04.09 2020고정307
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around 01:00 on October 19, 2019, the Defendant embezzled as he/she thought that he/she had possession without following the necessary procedures, such as acquiring one lot of a slot card lost by the victim D (at least 25 years of age) at the C convenience store located in Dongjak-gu Seoul Metropolitan Government, and returning it to the victim.

2. On October 22, 2019, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) calculated gas charge of KRW 10,000,000,000,000 from the Fgas charging stations located in Gangnam-gu Seoul, by having the victim G (Nam and 57 years of age) present the card as if he was his card and present it as his card, thereby obtaining pecuniary benefits equivalent to the same amount; and (b) using the lost card.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of investigation reports (on-siteCCTV investigation and suspect specific Acts and subordinate statutes);

1. Relevant Articles 347 (1) and 360 (1) of the Criminal Act concerning facts constituting an offense (the point of fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the fact of using an lost credit card) 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;

1. Order of provisional payment;

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