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(영문) 서울서부지방법원 2015.10.15 2015고정608
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a religion of Taiwan's nationality.

1. Embezzlements of lost possession;

A. On December 14, 2011, the Defendant: (a) obtained one credit card from a person whose name is unknown in the vicinity of the subway red transit area in Mapo-gu Seoul Metropolitan Government; and (b) did not take a procedure for returning the lost credit card; and (c) carried the same with his mind to have.

B. On January 2012, 2012, the Defendant found one credit card lost by a person whose name is unknown at the same place as the above paragraph (a) and went back with his mind without taking procedures for returning the lost credit card.

C. On January 8, 2012, around 22:00, the Defendant acquired one copy of the bank card (Serial number) in the name of C lost by the victim B at the same place as the above paragraph (a) and did not take any procedure to return it, and left it with the mind of having to have it.

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

A. On December 14, 2011, the Defendant made a false statement to the effect that, at Fmaart located in Mapo-gu Seoul Metropolitan Government, the victim would have paid the price by using the Defendant’s credit card, the Defendant would have paid the price as if the victim would have paid the price.

However, it is true that the credit card presented was obtained as above 1-A, and there was no intention or ability to pay the price even if it was delivered tobacco by the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) delivered two pieces of horse tobacco in an amount equivalent to KRW 50 million at the market price from the victim; (c) had the victim settle the amount with the credit card acquired as referred to in the above 1(a); and (d) used the lost credit card by signing the receipt presented by the victim with the Defendant’s signature.

B. On January 2012, the Defendant, at a convenience store where the trade name in Mapo-gu Seoul is unknown, was finished to the victim’s owner of the above convenience store.

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