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(영문) 의정부지방법원 2016.07.21 2016고정143
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 15, 2016, the Defendant was sentenced to a suspended sentence of one year in June by imprisonment with prison labor for the attempted larceny, etc. by the District Court of the Republic of Korea, and the said judgment became final and conclusive on January 23, 2016.

1. On March 6, 2015, the Defendant embezzled, for the purpose of using the Mexico card in the name of the mother of a woman who lost D on the street before the convenience store located in Guri-si B, and embezzlement for the purpose of using it without due process, such as reporting, etc.

2. The Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) on the same day, presented the D’s card acquired from paragraph (1) at Guri-si E and F convenience stores at around 18:06 on the same day, and settled an amount equivalent to KRW 1,500 of the purchase price of goods on 29 occasions in total, as shown in the list of crimes in attached Form 293,110, and used the lost credit card at the same time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements;

1. A copy of the real-time approval details of cards;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (a) of the relevant law, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act (including the charge of fraud, including the charge of fraud), and Article 70(1)3 of the Act on Financial Business Specializing in Credit Business (including the charge of unlawful use of credit cards, and inclusive);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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