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(영문) 서울남부지방법원 2013.04.23 2013고정909
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 13:30 on October 6, 2012, the Defendant: (a) reported that one debit card of a new bank owned by the victim C was set away from the floor before Guro-gu Seoul, Guro-gu, Seoul; and (b) embezzled it with the victim’s failure to return it.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On October 6, 2012, at around 13:43, 2012, the Defendant purchased one care benefit at the Guro-gu Seoul D Store, and settled the price, presented the debit card owned by C as above to his/her employee with his/her own name and affixed his/her signature on the sales slip, and used it unlawfully, and acquired one care benefit equivalent to 10,000 won at the market price from the above employee.

B. On October 6, 2012, at around 13:48, the Defendant purchased witrus 1 wrus, and settled the price, presented the above debit card to an employee with his/her own signature on the sales slip, and used it unlawfully, and the Defendant acquired wrus wrus equivalent to 10,000 won at the market price from the above employee and acquired wrus wrus 10,000 won at the market price.

C. On October 6, 2012, around 13:53, 2012, the Defendant: (a) purchased 1 franchising tobacco in the Guro-gu Seoul Metropolitan Government Franchis; (b) presented the above debit card to an employee under his/her name and affixed his/her signature on the sales slip and used it unlawfully; and (c) obtained franchising tobacco equivalent to 25,000 won from the above employee, and obtained franchising tobacco from the said employee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim in C preparation;

1. Application of Acts and subordinate statutes on report of occurrence (Embezzlement of possession, violation of the Specialized Credit Finance Business Act and fraud);

1. Relevant Article of the Criminal Act and Article 360(1) of the Criminal Act (the occupation of embezzlement and the selection of fines) for the crime, respectively.

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