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(영문) 서울중앙지방법원 2014.09.26 2014고정4094
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 20, 2014, the Defendant: (a) obtained one copy of the NH Nonghyup Card (E) lost by the victim D (the age of 26) on the street above the 1st floor C convenience store in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) embezzled it on the ground that it did not take necessary procedures, such as returning it to the victim.

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

A. On June 20, 2014, around 22:09, the Defendant settled KRW 5,800 of the purchase price of drinking water within the convenience store B of Seocho-gu Seoul Metropolitan Government 1st floor B, the Defendant, as described in the foregoing paragraph (1), had the credit card owned by the victim by himself/herself, who was embezzled, pay the purchase price of drinking water, and acquired a pecuniary profit equivalent to the same amount, and used the credit card owned by the lost victim unlawfully.

B. On June 20, 2014, the Defendant settled 10,000 won of the purchase price of bread within the 1st floor G department of the F building in Seocho-gu Seoul Metropolitan Government, Seoul, on June 20, 2014, the Defendant, like the foregoing paragraph 1, had a credit card holder, embezzled by himself, pay the purchase price of bread, and acquired a pecuniary profit equivalent to the same amount, and used the credit card owned by the lost victim unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Documents to be submitted (the details of domestic approval of the NH Nong Card);

1. Verification data (H in places of using cards);

1. Application of Acts and subordinate statutes on the use of suspect cards;

1. Relevant Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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