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(영문) 부산지방법원 2016.01.06 2015고정4216
점유이탈물횡령등
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who has driven B taxi.

1. On April 25, 2015, the Defendant embezzled, at around 05:00, the DLPG charging station located in Busan Young-gu, Busan, the Defendant: (a) obtained a copy of the CLPG card in the name of the victim E and did not take necessary procedures, such as returning it to the victim; and (b) embezzled as he/she thought he/she had.

2. On April 25, 2015, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased tobacco from G Mart operated by the nameless victim in Busan Y-gu, Busan Y on April 17:21, 2015, and the Defendant appears to have shown that the Defendant was a legitimate card user. The Defendant purchased tobacco equivalent to KRW 192,00,000 by presenting the e-bank card in the name of embezzled E, such as paragraph (1).

Accordingly, the defendant used the embezzled debit card and received property by deceiving the victim.

3. Around 17:51 on the same day as in the preceding paragraph, the Defendant attempted to acquire 300,000 won or more at the “I” store located in Busan H on the day, and, as if the Defendant was the lawful holder of the card, the Defendant presented the physical check card in the name of the National Bank under the name of the Republic of Korea, such as Paragraph 1, and attempted to acquire it by obtaining a verbal delivery from an employee in the name of the injured party, i.e., an employee in the name of the injured party. However, the Defendant did not intend to obtain it by means of a loss report, but failed to do so.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of credit card) of the Act on Specialized Financial Business for Credit, Articles 352 and 347(1) of the Criminal Act (the attempted use of credit card), and the selection of fines, respectively;

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

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