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(영문) 서울서부지방법원 2015.04.01 2014고정218
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 14, 2012, the Defendant acquired the amount of KRW 400,000,000 at the market price of each of its possession-based 1 copy of the national card owned by the victim D (the age of 30) on the front side of the C main store located in Seongdong-gu Seoul Metropolitan Government and one resident registration certificate, which includes one copy of the national card owned by the victim D (the age of 30) and one copy of the resident registration certificate.

The Defendant, as seen above, did not follow necessary procedures, such as returning the victim’s locks acquired, and embezzled them on his own idea.

2. The Defendant attempted to commit fraud, around 06:00 on the same day, ordered the Victim G (the 22 years old) who is an employee at the “F of the 112,000 won of the market price of the 1st class of the 1st class of the 1st class of the 1st class of the Track Track Tack, and presented the D’s national card that he acquired as in the preceding paragraph as his card as if he was his card, but was refused to accept it as a theft card and did not commit an attempted crime.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. G statements;

1. A detailed statement of credit card use;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant provisions of the Criminal Act concerning the crime, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud) of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the maximum amounts of the crimes for attempted fraud (within the scope of the crimes above)] among concurrent crimes;

1. Articles 70 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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