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(영문) 의정부지방법원 고양지원 2019.06.13 2019고정151
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. From November 24, 2018 to around 15:25, the Defendant: (a) obtained the victim’s e-cooperative cke cards owned by the victim D and embezzled without undergoing the necessary return procedures, which were lost by the Defendant from November 24, 2018 to around 15:25.

2. Fraudulent and specialized credit financial business;

A. On November 24, 2018, the Defendant: (a) at the G convenience store located in Gyeyang-gu, Young-gu, Soyang-gu; (b) at the G convenience store located in Goyang-gu; (c) settled the above physical card with a legitimate holder, thereby acquiring the goods equivalent to the above value from the victim’s name in exchange for the settlement of goods equivalent to KRW 4,000; and (d) used the above debit card.

B. On November 24, 2018, between 16:02 and 16:10 on November 24, 2018, the Defendant: (a) presented the completion of the above physical card to the legitimate holder; and (b) obtained by deceiving the goods equivalent to the above value from the victim’s name in exchange for the settlement of goods equivalent to KRW 44,800; and (c) used the above debit card.

Summary of Evidence

1. Defendant's legal statement;

1. I's written statement;

1. Application of Acts and subordinate statutes to output by cutting CCTV images;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen goods, the selection of fines), Article 347(1) of the Criminal Act (the selection of fines, the selection of fines), Article 70(1)3 of the Specialized Credit Financial Business Act (the selection of fines, inclusive,)

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

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

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

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