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(영문) 의정부지방법원 2019.11.26 2019고정1469
점유이탈물횡령등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on August 2, 2019, the Defendant discovered and found one copy of the KB National Love Card (Nam, 21 years of age) with the loss of the victim B (Nam, 21 years of age) in the street near the history of the Gyeong-dong, which was available for the government-oriented city.

Accordingly, the Defendant, without following necessary procedures such as reporting the above acquired property to a police station or returning it to the victim, embezzled himself/herself.

2. Violation of the Specialized Credit Financial Business Act and fraud;

A. On August 2, 2019, around 00:48, the Defendant visited the D convenience points located in Speaker C, and presented the Victim B’s Love Card, which was obtained at the time and place indicated in the above paragraph (1), to his employees, as if he was his body card, and purchased GT ASV tobacco 6mV 7gs equivalent to KRW 4,500.

B. On August 2, 2019, at around 07:07, the Defendant continued to visit the D convenience store located in Gwanak-si, the Government-si, to enter a customer, and to purchase the KB national patriotism card in the name of the victim B, which was obtained at the time and place specified in paragraph (1) above, by presenting the said card to the employees as if they were one’s body card, and then presenting the said card to the employees as if they were one’s body card.

Accordingly, the defendant deceivings the employees engaged in the D convenience points by presenting the KB People Love Card in the name of the victim B, through a total of 6,000 won, and by deceiving them to use the card and obtain pecuniary profits.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. Data and photographs of the victim KB national card display pictures, and receipts for the purchase of suspect D convenience stores;

1. The application of Acts and subordinate statutes to data on CCTV images of DNA points;

1. Relevant Article 360(1) of the Criminal Act concerning facts constituting an offense, Article 360(1) of the choice of punishment (the point of embezzlement) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Specialized

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