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(영문) 서울북부지방법원 2017.04.19 2017고정378
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. On October 2016, the Defendant embezzled the victim’s property by acquiring and not returning the victim’s physical fitness card, which was lost by the victim B at the chemical group near the 241-ro, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and then embezzled the victim’s property in a manner that does not return it;

B. On November 25, 2016, at around 07:20, the Defendant embezzled the property of the victim by acquiring and not returning the national card lost by the victim C in the vicinity of 571 (Square Dong-dong, Manain Station) in Gwangjin-gu, Seoul.

2. On November 25, 2016, the Defendant attempted to commit fraud, and violated the Act on Financial Business Specializing in Credit Business, from E located in Seoul Special Metropolitan City, Nowon-gu around 08:09 to 1.-B. Although the Defendant did not properly use C’s national card obtained in the same manner as the above, as if he did not have properly used C’s legitimate right, the Defendant ordered a name check, etc. through the automatic order machine, and the Defendant was issued a hamber equivalent to KRW 27,000 at the market price from an employee in the name of the victim in the place, but did not go through the wind to report to the police, and used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Seizure records;

1. Photographs of seized articles;

1. Data on national card replies;

1. Application of Acts and subordinate statutes to each investigation report (related to statement C, victim B investigation);

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession), Article 352 of the Criminal Act, Article 347 (1) (the attempted fraud) of the Criminal Act, and Article 70 (1) 3 (the use of credit card) of the Act on Specialized Credit Financial Business;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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