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(영문) 수원지방법원 2016.09.08 2016고정1439
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 14, 2016, the Defendant embezzled the deserted articles in possession without following necessary procedures, such as acquiring the 460,000 won in cash, which the victim B lost at the front of the bus stop in Suwon-si, Suwon-si, 924, and return it to the victim, on the front of the bus stop in 924, and without following necessary procedures.

2. On February 14, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased goods of an amount equivalent to 4,500 won at the market price from “E convenience store operated by the victim D” located in Suwon-si, Suwon-si, Suwon-si, and purchased goods of an amount equivalent to 13,360 won at the market price from “H Mt operated by the victim G located in Suwon-si, Suwon-si, Suwon-si, at around 19:29, and on the same day at around 19:34, the Defendant purchased goods of an amount equivalent to 6,600 won at the market price from “E convenience store”, and presented the C card possessed by each victim D and his employees, as shown in the preceding paragraph, and the Defendant was aware that the Defendant was a legitimate holder, and thereafter, he acquired and lost the 24,460 won in total after receiving the above goods from the victim D and the above goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Each statement of D or I prepared;

1. Photographs of damaged articles;

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

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the selection of punishment (the embezzlement of possession, the selection of fines), Article 347(1) of the Criminal Act (the fraud point, the selection of fines) and Article 70(1)3 of the Act for each credit specialized financial business (the use of lost debit cards, the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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