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(영문) 의정부지방법원 2017.06.21 2017고단2218
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On July 17, 2015, the defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. by the District Court of the Republic of Korea on October 25, 2015, and the judgment becomes final and conclusive and is still under suspension of execution.

1. On May 1, 2017, the Defendant embezzled, on his/her own initiative, he/she did not follow the procedures, such as acquiring a copy of the Saemaul Bank C Card, which was owned by the victim D, and returning it to the victim, on the roads near Dongbcheon-si B, B, 2017.

2. On May 1, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) around 19:23, 2017, at F convenience stores located in Dongbcheon-si, Dongbcheon-si, using the above e-mail card in which another person’s e-mail card was lost after settling the amount equivalent to KRW 11,250,00, such as Seoul milk, was used; and (b) around the same day, the Defendant used the other person’s e-mail card which was lost by settling the total amount of KRW 69,050 over four occasions, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. A photograph of the scene of crime;

1. Photographs of the details of use of e-mail cards transmitted by Handphones for victims;

1. Investigation report (verification of CCTVs, such as convenience stores using victim body cards, etc.);

1. Photographss by capturing a dynamic image, such as a convenience store;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense (a point of embezzlement of possession) and Article 70 (1) 3 of the Act on Specialized Credit Financial Business (a point of violation of the Acts on credit financial business);

1. Selection of each sentence of imprisonment;

1. The amount of damage inflicted on the Defendant for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes is not significant.

However, even if following the defendant's assertion, it is difficult to receive a letter easily by using the main cream card on the street with no awareness of any crime.

I seem to appear.

In addition, the defendant was judged as a similar act.

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