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(영문) 서울서부지방법원 2013.07.25 2012고정645
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 shall be paid.

Reasons

Punishment of the crime

1. Fraud;

A. On September 6, 2011, at the “D” convenience store located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant received goods worth KRW 2,750,00 in total, including 2,750,00,00 from a national bank in the name of F, where a person whose name is unknown to his/her employees E had no intent or ability to pay the price of goods, and a credit card in the name of F, in which possession was embezzled by a person who was unable to know to his/her employees E, by suggesting that the Defendant was a legitimate holder, and then had the Defendant make payment.

B. On September 6, 2011, at the “H” convenience store located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, around 05:23, the Defendant: (a) had an employee whose name is unknown despite having no intent or ability to pay the price of the goods, a credit card in the name of F, which is embezzled from possession, such as the foregoing paragraph (a), suggesting that the Defendant is a legitimate holder, and then had the Defendant pay the price; and (b) received the goods equivalent to KRW 4,300, such as Dok-1 disease, Y2 World Cup, and Doar 1.

C. On September 6, 201, at the place indicated in the foregoing Paragraph (b) around 05:26, the Defendant: (a) had an employee, who was unable to know his/her name despite his/her intent or ability to pay the price of the goods; (b) had the F Exchange Bank’s credit card, which was embezzled for possession, presented as the lawful holder, and had the Defendant settle the payment; and (c) received goods equivalent to KRW 4,200,000, in total, of DNA tobacco 2 A.

2. The Defendant violated the Specialized Credit Financial Business Act: (a) used each lost credit card in the manner referred to in paragraph (1) at each time and at a place similar to paragraph (1).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. E statements;

1. A credit card slip and a receipt using a card;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of each lost card), and the choice of each fine;

1. Article 37 of the Criminal Code among concurrent crimes.

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