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(영문) 서울북부지방법원 2016.11.02 2016고정1972
점유이탈물횡령등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 27, 2016, the Defendant: (a) obtained one corporate bank cream card (D) with which the victim C (the age of 46) was lost from the sales stairs of the upper salary 117 upper-class terminal in Jung-gu Seoul, Jung-gu, Seoul.

The Defendant, without making any effort to return the above acquired property to the police station, embezzled that he had on his own mind, without reporting it to the victim.

2. Around 13:50 on April 27, 2016, the Defendant illegally used credit cards acquired through the same method from time to time 17:33 of the same day by having a seller prepare a sales slips in an amount equivalent to the same amount of money and having the seller acquire property or pecuniary benefits equivalent to the total amount of KRW 795,480,00 from each seller, by deceiving each seller as indicated in the attached list of crimes.

Summary of Evidence

1. Each police statement of C;

1. C’s petition;

1. An investigation report (related to the purchase of goods using a damage card, photographs, and CD extractions);

1. Application of Acts and subordinate statutes to the details of the approval for transaction of the damage card (road branch of an enterprise bank), receipts for purchase of goods using the damage card, and the details of each credit card company used by a suspect;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit cards and comprehensive use of lost credit cards), Article 347(1) of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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