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(영문) 의정부지방법원 고양지원 2017.05.18 2017고정311
점유이탈물횡령등
Text

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. On November 2015, the Defendant: (a) obtained one copy of the credit card (BC card C) at the village of Gangseo-gu Seoul, Gangseo-gu, Seoul and other village 710 Scenic apartment located; (b) but returned it to the victim; (c) did not take necessary procedures; and (d) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On November 10, 2015, the Defendant violated the Act on the Financial Business Specializing in Credit and the Act and the Defendant’s fraud purchased goods of an amount equivalent to KRW 3,000 in the Seo-gu, Seo-gu, Busan, Seo-gu around 21:35 on November 10, 201, and presented BC credit cards acquired under the name-based employee as shown in paragraph (1) to his/her own employees as if the Defendant was the legitimate owner of the said credit card, and made the said employee prepare a copy of the sales table of an amount equivalent to KRW 3,000, and then delivered it to the member signature column, and used the lost credit card by having the said employee write the sales slip of an amount equivalent to KRW 3,00, and by deceiving the said employee to receive goods of an amount equivalent to KRW 3,000 from the damaged employee, and then, he/she was provided with goods equivalent to the total amount of KRW 463,468,60 by the Seoul and Gyeonggi-do means of the same offense.

Summary of Evidence

1. Statement by the defendant in court;

1. B’s petition;

1. Details of the use of the victim's card, receipts of purchase details, details of the use of the victim's credit card, and application of purchase receipt statutes;

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Articles 360(1) (a) and 347(1) (a) (a point of fraud), Article 70(1)3 (a) (a point of use of lost credit cards) of the Act on Specialized Financial Business, and the selection of fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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