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(영문) 의정부지방법원 2016.06.01 2016고정631
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On November 23, 2015, the Defendant, at around 05:30, embezzled the property that he/she had on his/her own idea and embezzled with the property that he/she left the possession of the victim, without following the necessary procedures, such as acquiring one check of the new bank card (C) lost by the victim B at the event of bus stops in the Don Farming-dong, Namyang-si, Namyang-si.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On November 23, 2015, the Defendant purchased tobacco at the F convenience store operated by the victim E in Namyang-si around 05:53 on November 23, 2015, the Defendant, as indicated in paragraph 1, presented that he completed the physical card in the name of B, as if he were, to the employee of the convenience store, and paid the amount by deceiving the employee, and received from the said employee the amount of tobacco equivalent to KRW 4,500 at the market price of KRW 4,500 at the same place (e.g., pressl m.).

B. On November 23, 2015, at around 05:55, the Defendant purchased tobacco at the I convenience store operated by the victim H in Namyang-si, Namyang-si, the Defendant, as described in paragraph 1, presented the physical card in the name of B to the employee of his convenience store, and paid the amount by deceiving the employee as if he were indicated in paragraph 1, and received from the said employee the amount of tobacco equivalent to KRW 45,000 at the market price of the said place of business (e.g., the flicket 1mg).

(c)

On November 23, 2015, the Defendant purchased tobacco at the first convenience store operated by the victim H on November 23, 2015, and completed the physical card in the name of B, as described in paragraph 1, and presented it to the employee of the convenience store as he/she, and paid the price by deceiving the employee, and was issued by the said employee a smoke amounting to KRW 45,000 in the market value (Eddra) from the said employee.

Accordingly, the defendant, by deceiving the victims, received property and used lost debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Details of settlement of postal cards;

1. Application of Acts and subordinate statutes to report internal investigation (to hear statements from victims and verify CCTV images);

1. Criminal facts;

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