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(영문) 인천지방법원 부천지원 2019.07.19 2019고정82
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From December 3, 2017 to April 4, 2018, the Defendant: (a) discovered a new card in the name B, one of which the victim B lost, and (b) did not take necessary procedures, such as returning it to the victim; (c) he/she embezzled the property that he/she had, as he/she had, left, left the possession of the victim.

2. Attempted fraud;

A. On April 4, 2018, the Defendant, who attempted to commit fraud on or around April 4, 2018, purchased goods from E operated by the Victim D Co., Ltd., Ltd., Ltd. (hereinafter “C”), and completed the new card obtained as referred to in paragraph (1), as if he were the lawful holder, intended to have the goods worth KRW 39,500 at the market price, by presenting it to the point owner as if he were the lawful holder, but was refused to accept the report of loss and did not bring about an attempted crime.

B. On April 6, 2018, the Defendant, at around April 14:16, 2018, purchased meat from the static point of view, “I” operated by the victim H of the F Building G in Bupyeong-si, Bupyeong-si, and offered the following: (a) as if he/she was a legitimate holder, to have the new card acquired, as prescribed in paragraph (1), 91,200 won at the market price, but was refused to accept the approval by the report of loss and did not lead to an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. B written statements;

1. The details of cards, the details of the use of new cards owned by victims, the details of the issuance of letters using cards, the details of card purchase cards at I Periodical points, the On-SiteCCTV-suspect's photographs;

1. Application of investigation reports (the confirmation of details, such as the termination of the issuance of a credit card of a suspect), investigation reports (the statement ofJ related to the victim's specific offense), investigation reports (the victim's attempted fraud), and statutes;

1. Article 360 of the Criminal Act applicable to the crime, Article 360 of the choice of punishment (the point of possession embezzlement) and Article 352 of the Criminal Act.

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