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(영문) 서울중앙지방법원 2013.03.21 2012고정6992
점유이탈물횡령등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. On September 28, 2012, Defendant A’s possession embezzlement of stolen objects, the Defendant acquired a copy of the Victim D(E)’s Cream Card (E) from a new bank that was lost on the street in front of the Seoul Jung-gu Seoul Metropolitan City cafeteria.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

2. Defendant A conspired with Defendant B to purchase goods using the above e-mail card embezzled as above. A

The Defendants attempted to commit fraud, around 16:56 September 28, 2012, purchased one gold sheet (50,000 won) equivalent to KRW 1,680,000 from the victim with no name in his/her name at the Jongno-gu Seoul Metropolitan Government F Gold Bank, presenting one of the above physical card as if he/she were his/her card, and attempted to obtain it by paying the price as if he/she was his/her card, but the above victim did not have the intent but failed to commit an attempted crime.

B. On September 28, 2012, the Defendants in violation of the Fraud and Specialized Credit Financial Business Act purchased one gold sheet equivalent to KRW 307,000 from the victim in his/her name in Jongno-gu Seoul Metropolitan City, and presented one gold sheet as if he/she was his/her card, and defrauded the price by paying the lost credit card, and use it by September 28, 2012, including the use of the lost credit card, until September 21, 2012, until September 28, 2012, the Defendants purchased goods of KRW 2,743,800 in total amount of KRW 13 times as shown in the list of crimes 1, and acquired it by payment, and used the lost credit card.

3. Defendant B’s fraud and violation of the Specialized Credit Financial Business Act: around 11:29, Sept. 29, 2012, the Defendant purchased tobacco equivalent to KRW 27,00 from the victim of the non-defluence in his/her name at H convenience store in Eunpyeong-gu Seoul, and presented one copy of the above physical card as if he/she was his/her card, and paid the price by September 29, 2012, as well as by September 12:07.

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