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(영문) 수원지방법원 평택지원 2015.08.27 2015고단1022
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 02:00 on June 21, 2015, the Defendant: (a) obtained one copy of a new card (credit number F) which is the credit card owned by the victim E lost in Pyeongtaek-si toilets; (b) but did not take necessary procedures, such as returning it to the victim; and (c) embezzled the property that he/she left the possession of the victim.

2. Larceny and violation of the Specialized Credit Finance Business Act;

A. On June 21, 2015, around 15:39 on June 21, 2015, the Defendant collected credit cards that he/she embezzled as referred to in paragraph (1) from a cash withdrawal machine installed in front of the H convenience store in Pyeongtaek-si G.

In addition, the defendant entered 400,000 won and password J during the cash withdrawal period managed by the victim I, and then withdrawn 400,000 won in cash as a cash service.

B. On June 24, 2015, around 03:07 on June 24, 2015, the Defendant collected credit cards that he/she embezzled as referred to in paragraph (1) from a cash withdrawal machine installed at the front of the L convenience store in Pyeongtaek-si K in Gyeonggi-si.

In addition, the defendant entered 400,000 won and password J during the cash withdrawal period managed by the victim I, and then withdrawn 400,000 won in cash as a cash service.

3. On June 21, 2015, the Defendant, in violation of the Specialized Credit Financial Business Act, purchased a bratization at “M” stores located on the third floor of Pyeongtaek-si-dong, Pyeongtaek-dong, and presented the credit cards embezzled as referred to in paragraph (1).

Accordingly, the defendant was delivered to 79,000,000 won of the market price of 79,000 won in the victim's O by N, but the above credit card was owned by the victim E, and the defendant acquired the above goods from the victim'sO even though he did not have the intent or ability to pay the price normally even if he was provided with the above goods by the victim.

The defendant.

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