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(영문) 서울중앙지방법원 2019.01.14 2018고정2376
점유이탈물횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On July 6, 2018, the Defendant, at around 13:00, found one copy of the E- Card lost by the victim D (the age of 40) in the vicinity of the latter part of the “C Elementary School” located in Gwanak-gu, Seoul Special Metropolitan City.

The Defendant embezzled property acquired as above without following necessary procedures, such as returning it to the victim.

2. On July 6, 2018, the Defendant, in violation of the Specialized Credit Financial Business Act, purchased 14,200 won at the market price by presenting the credit card obtained at “H Jeong-si,” operated by the victim G in Gwanak-gu, Seoul, as if he was his card.

In this respect, the defendant used the credit card acquired by others illegally, and received property equivalent to 14,200 won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Extraction of CCTV images, where a suspect commits a crime (use of a card);

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act that prescribes the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegality of credit card use);

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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