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(영문) 서울중앙지방법원 2017.11.07 2017고정2966
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around June 7, 2017, the Defendant embezzled a new e-mail card (numberd: D) lost by the victim C (age 25) in front of Gwanak-gu, Seoul Special Metropolitan City on the street around 21:48, 2017.

2. Fraud;

A. On June 7, 2017, around 22:37, the Defendant: (a) purchased 53,000 won from an employee under his/her name, who is not aware of the fact, and acquired the same amount of property profit from the said employee as the victim, by settling the said card with the said employee. In that context, the Defendant was committed as if he/she was a legitimate holder of the new physical card under the foregoing paragraph (1) in the new manner, and was committed as if he/she was a legitimate holder of the new physical card; and (b) purchased 53,000 won from the new physical card.

B. On the same day as the above “A” and at around 22:38 at the same place, the Defendant: (a) purchased 30,600 won from an employee under his name and acquired pecuniary benefits equivalent to the same amount from the said employee; (b) purchased 30,600 won from an employee under his/her name without knowledge of such fact; and (c) obtained pecuniary benefits from the said employee.

(c)

On June 7, 2017, around 22:45, the Defendant, as if he was the lawful holder of the F E’s new e-mail card in Seoul Special Metropolitan City, purchased 29,820 won from an employee without knowledge of the fact, purchased e-mail, etc. from his name, and acquired the same amount of pecuniary benefits from the said employee.

3. The Defendant violated the law of financial business specializing in credit was using a new physical check card lost by the victim C in the same manner as the above 2.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photograph the details of approval of cards, F Mart receipts, criminal suspect scene, and points accumulation;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the choice of punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and each fine shall be imposed.

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