logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.02.15 2015고단3375
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. to the Ulsan District Court on December 20, 2013, and on June 20, 2015, at the Ulsan District Court, the Defendant completed the enforcement of the sentence.

1. On December 9, 2015, the Defendant, at around 12:40 on December 12:40, 2015, acquired 3 copies of the CB National Bank C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s card, and non-f’s credit card.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On December 9, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased 2 brush tobacco from the old Eart operated by the victims’ name in Ulsan-gu, Ulsan-gu, in an amount equivalent to KRW 96,00,00 of the market price; (b) presented C’s IBK Bank physical card to the said victims as if he/she had due authority; and (c) received two brus of tobacco from the victims by using it as if he/she had due authority.

Accordingly, the Defendant is a “credit card” as the lost debit card charges, but the Defendant is recognized as such.

use the victim and received the goods by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. A detailed statement of use of a sponed self-paid card, and a photograph by capturing CCTV images to be used on a card;

1. Investigation report (the report on the confirmation of the products damaged by the victim's other party to the victim's watch);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the confirmation and report of the period of repeated crimes of suspects);

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession) under Article 360 (1) of the same Act, Article 347 (1) of the Criminal Act (the fraud point) and Article 70 (1) 3 of the Act on Financial Business Specializing in Credit (the use of lost debit cards).

1. Each selective fine for punishment;

arrow