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(영문) 수원지방법원 2013.12.12 2013고정3045
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 27, 2013, the Defendant embezzled, on his own initiative, the Defendant, without following necessary procedures, such as discovering one credit card (credit number E) of a national bank (the card number E) owned by the victim and returning it to the victim at the bus stops located prior to the C University located in B in Sungsung-si, B, B, in order to find out one of the credit cards (the age of 55) owned by the victim and return it to the victim.

2. On June 28, 2013, the Defendant violated the Specialized Credit Financial Business Act: (a) around 23:35, at G gas stations located in Suwon-si G gas stations located in Suwon-si, using a credit card in the name of a national bank located in the name of the victim D, which was found as referred to in the foregoing paragraph (1) and used a credit card lost by settling an amount equivalent to 113,000 won via accelerator from accelerator-based entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (specific suspect);

1. Application of Acts and subordinate statutes on credit card cards, CCTV photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards), and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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