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(영문) 수원지방법원 성남지원 2017.06.30 2017고정350
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On August 17, 2016, the Defendant acquired the victim’s driver’s license, transportation card, credit card of a new bank, and NHC De Debit Card 2, the market price of which is KRW 30,000,00 in the vicinity of 246 Cheongdong-gu, Sung-gu, Sung-nam-si, Seo-gu, Sung-gu. 605.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On August 20, 2016, around 08:26, the Defendant purchased film diskettes equivalent to KRW 4,000 from “D” operated by the fourth floor victim’s name in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, by means of settling the price with NH Nong, as he/she acquired as his/her legitimate licensee, as in paragraph (1), and acquired the above amount from the damaged person and used the lost debit card.

B. On August 27, 2016, at around 08:58, the Defendant purchased film diskettes equivalent to KRW 7,000 at the same place as the above paragraph (a) and then settled the purchase price with NH Nong, the name of the father of B, as he/she acquired as his/her legitimate licensee, by acquiring the above amount from the damaged person, and using the lost debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim B;

1. Details of card use;

1. Application of Acts and subordinate statutes to data from field CCTV photographs;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (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 lost cards) of the Act on Specialized Financial Business for Credit, and the selection of each fine;

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. The defendant is led to the confession of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act.

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