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(영문) 대전지방법원 2019.11.21 2019고단3907
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The crime committed on September 12, 2019;

A. On September 12, 2019, the Defendant: (a) obtained one copy of the Kaka Bank’s credit card in the name of the victim B, but did not follow necessary procedures, such as returning it to the victim, at a bus stops where it is impossible to identify a place not exceeding Daejeon around the new wall on September 12, 2019; and (b) embezzled it on his/her own idea without following necessary procedures.

B. On September 12, 2019, the Defendant violated the Computer, etc. Fraud and the Specialized Credit Financial Business Act: (a) inserted the credit card in the DPC bank located in Daejeon Dong-gu, Daejeon, and the second floor, as described in paragraph (1) above, into the unmanned settlement machine, and then entered the amount, etc. without authority, and settled KRW 10,000 as the purchase price of cultural products using the said credit card; (b) around 10:24 on the same day, the Defendant settled KRW 10,000 as the purchase price of cultural products in the same manner at the same place.

Accordingly, the Defendant acquired property benefits equivalent to the above 20,000 won by illegally using lost credit cards, and by inputting or altering information without authority into the data processing device, such as computer, etc.

C. On September 12, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased tobacco and drinking water at the E convenience store in the operation of the victim’s name and poor boxes on the Daejeon Dong-gu C and the first floor on September 12, 2019; and (b) settled the price, the Defendant presented 6,300 won to the said victim as if he had a legitimate right to use the card as described in the first paragraph.

Accordingly, the Defendant illegally used lost credit cards, and acquired the above 6,300 won pecuniary benefits by deceiving the victim.

2. On October 2, 2019, the Defendant, on October 2, 2019, did not take necessary procedures, such as gathering of LG handphones equivalent to KRW 200,000 at the market price where the victim G was lost on the front of the Daejeon Seo-gu Daejeon Special Metropolitan City, Daejeon, and returning it to the victim.

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