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(영문) 서울북부지방법원 2015.10.16 2015고정2027
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 1, 2015, the Defendant: (a) on June 20, 2015, he/she found the national check card lost by the victim D (24 years old, female) in the vicinity of the convenience store located in Dongdaemun-gu Seoul, Dongdaemun-gu, and embezzled it on his/her idea without following necessary procedures, such as acquiring the national check card and returning it.

2. Violation of the Specialized Credit Financial Business Act and fraud;

A. On June 2, 2015, around 10:22, the Defendant purchased KRW 13,100 and KRW 2,600 of tobacco market price from the victim G (31 years of age, female) from the F convenience store located in Dongdaemun-gu Seoul Metropolitan Government E, and then offered as if he/she had the right to use the check card acquired as referred to in the above paragraph (1), and then acquired the product and acquired the product.

B. At around 10:32 of the same day, the Defendant purchased from the victim J (the 21-year-old, South) 1 cigarette 45,000 won and one 4,800 won for mobilization cans, the Defendant presented as if he had the right to use the check card acquired as referred to in the above paragraph (1), and signed the sales slip and acquired the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Sales slips;

1. Application of Acts and subordinate statutes concerning field and CCTV images;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of 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 fraud) and the selection of fines;

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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