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Reasons
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(영문) 의정부지방법원 2020.04.23 2018고단4197
점유이탈물횡령등
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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. Around July 15:00 on July 7, 2018, the Defendant acquired one credit card of a new bank owned by the victim D, at the bus stops prior to the C Burial located in B at the time of strike.

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. On July 16, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) around 16:53, the Defendant purchased gift certificates at the F shop operated by the victim E, and (b) as if he had legitimate right to use the acquired D’s credit card as stated in paragraph (1), presented it to the employees of the said store, and used the lost credit card upon receipt of the gift certificates worth KRW 2.50,000,000.

3. On July 7, 2018, the Defendant attempted to pay 14,300 won for goods by presenting D’s credit card acquired as stated in paragraph (1) to the employees of the said store as if he/she had legitimate right to use, at H stores located in the Gu Government-si G, at around 20:03, the Defendant failed to perform an attempted attempt due to a credit card loss report, even though he/she failed to pay 14,30 won for the goods.

4. On July 16:43, 2018, the Defendant violated the Computer, etc. Fraud and the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) purchased the coffee of the coffee 193 Station, and made payment using the D credit card acquired as referred to in paragraph (1) to enter information without authority into the data processor, such as a computer, and made the data processed, thereby obtaining 300 won of the price of the coffee and using the lost credit card.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 360 of the Criminal Act applicable to the crime and the choice of punishment.

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