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(영문) 서울남부지방법원 2019.02.14 2018고단6460
절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized Nos. 1 and 2 shall be returned to the victim B.

Reasons

Punishment of the crime

around 04:33 November 26, 2018, the Defendant: (a) reported that the victim B was divingd in a soup drying ground room located underground in Guro-gu Seoul Metropolitan City, Guro-gu Seoul, and (b) opened a bank set up on the side by the victim, and carried out cash 970,000 won (50,000 won, 120,000 won, 37) on the ground of the bank set up inside the bank.

Accordingly, the Defendant stolen the property owned by the victim.

"2018 Highest 6791"

1. On June 29, 2018, the Defendant discovered a copy of the IBK Enterprise Bank Cze Card that was lost by the victim F on the first floor of the commercial building located in Pyeongtaek-si, Pyeongtaek-si on June 29, 2018, and found it.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

As such, the Defendant embezzled the property that was separated from the possession of the victim.

2. Fraud and Specialized Credit Financial Business Act violation: (a) around 01:00 on June 29, 2018, the Defendant: (b) purchased F-owned IBK Bank C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-

The Defendant illegally used the lost physical card and acquired the victim’s tobacco from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement of B and F;

1. H convenience point credit card table;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of embezzlement), Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the occupation of fraud) and the choice of imprisonment, respectively.

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