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(영문) 서울중앙지방법원 2016.03.31 2015고단6953
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on June 25, 2015, the Defendant embezzled the property that he/she had on his/her own thought to have, without following necessary procedures such as discovering a copy of the cell phone market equivalent to 300,000 won, Samsung Credit Card 1, and Korea Bank Cze Card 1, which the victim C has damaged the floor in the vicinity of Jongno-gu Seoul Metropolitan Government, and returning it to the victim, and embezzled the property that he/she left the possession of the victim.

2. Around 02:37 on the same day, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business (hereinafter “E”), at “E” entertainment entertainment stations located in Jung-gu Seoul Metropolitan Government, presented it to the victim as if the Samsung Credit Card Co., Ltd, acquired and lost its own possession, and had the victim pay liquor of KRW 1,00,000,000, and had the victim pay the liquor price of KRW 1,000,000, and used the lost credit card to obtain and use profits by deceiving a person as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, and K;

1. Application of the Act and subordinate statutes to the Samsung Card Approval Statement and the Korean Card Approval Statement

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Article 360(1) (a) and Article 347(1) (a) of the Criminal Act concerning the selection of punishment, and Article 70(1)3 (a) (a use of lost credit cards, etc.) of the Act on Financial Business Specializing in Loans, and the choice of imprisonment, respectively;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the following favorable circumstances) is that the Defendant again commits the instant crime even though he/she had the record of serving several punishments for the same kind of crime, and thus, it is necessary to strictly punish the Defendant.

However, it is against the defendant's mistake in depth, and the injured party does not want the punishment of the defendant by paying damages to the injured party.

b) these circumstances;

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