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(영문) 대전지방법원 홍성지원 2015.03.20 2015고정43
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 16:00 on November 7, 2014, the Defendant acquired one copy of the Nonghyup Credit Card Co., Ltd. in the name of E, one owned by the victim D, who was lost in front of the C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

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

A. On November 7, 2014, the Defendant: (a) purchased a lost credit card as described in the foregoing paragraph (1) at H convenience store operated by the Victim G located in Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do; (b) but purchased tobacco 1, as if he/she had a legitimate right to use; (c) presented a credit card and paid the payment as if he/she had a legitimate right to use; and (d) received from the victim, i.e., a tobacco amounting to KRW 2,500 at the market price.

B. On November 7, 2014, the Defendant: (a) by deceiving L, an employee in the same manner as the described in the foregoing 2-A at the convenience point operated by the victim J of the damage in the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) received from the victim the delivery of 1 A tobacco equivalent to KRW 2,000 at the market price of 2,00,000 at the seat.

C. On November 18:36, 2014, the Defendant, at N, operated by the Victim M&D located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, by deceiving an employee of the said place in the same manner as the described in the above 2-Ga paragraph (a), and was provided by the victim with beer 10,000 won at the market price, namely, at the victim’s seat, and was provided with beer 10,000 won at the market price.

Accordingly, the Defendant used the lost credit card through the above method three times in total, and acquired a total of 134,500 won property profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. Each statement of L/O;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report;

1. The occupation of the embezzlement of stolen goods under Article 360 (1) of the Criminal Act and the punishment of a fine for the crime;

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