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(영문) 서울북부지방법원 2020.11.26 2020고정1423
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant committed each of the following crimes under the status that the defendant, as a Grade I intellectual disability, lacks the ability to discern things or make decisions:

1. On July 19, 2020, the Defendant embezzled the lost Samsung Credit Card (Credit Card Number E) that the victim D lost on the street of a restaurant located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around July 19, 2020, without following necessary procedures, such as acquiring one copy of the Samsung Credit Card (Credit Card Number E) and reporting to the police office, and embezzled the property that he had thought to have, and thus, lost from the possession

2. On July 19, 2020, the Defendant attempted to enter a card information into a computer or any other information processing device without authority in order to pay bus charges of 194, the Seocho-gu New Distribution-based, Seoul Seocho-gu, and 51,200 won, etc. from an unmanned ticket inside the Seoul High Bus Terminal, the Defendant attempted to obtain an amount of money by using the DNA Samsung F&C acquired as above without authority in order to pay the bus charges of 51,200 won from the unmanned ticket to pay the bus charges of 194, the Seocho-gu New Distribution-gu, Seoul, Seoul, and 20:3, around 20:33, around 20:37, around 20:37, around 20:37, around 20:40, around 200.

3. Attempted fraud.

A. On July 19, 2020, around 21:59, the Defendant purchased one of the above-mentioned Samsung Card from a business owner with no name at the G convenience store located in Seoul Special Metropolitan City, Nowon-gu, to purchase a beverage of 1,200 won at the market price, and tried to settle the above-mentioned Samsung Card as a legitimate holder, but was refused to approve due to a loss report, and did not reach an attempted attempt.

B. On July 19, 2020, the Defendant purchased a bus fee of KRW 39,400, etc. from an integrated ticket office located in the Seocho-gu Seoul Metropolitan Government New Distribution Complex (Seoul Seocho-gu), which was located in the 194, to a transport employee, and tried to settle the purchase of the bus fee of KRW 39,400, etc., by suggesting the completion of the acquired Samsung Card as a legitimate holder, but the Defendant was refused to accept it due to a report on loss.

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