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(영문) 서울중앙지방법원 2019.05.23 2017고단8575
절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to imprisonment with prison labor for four months at the Seoul Central District Court on February 22, 2018 and for the same year.

3. 3. The judgment became final and conclusive.

Criminal facts

around 12:45 on November 15, 2017, the Defendant: (a) attempted to steal a so-called “decent Party” in the “C” store located in Jongno-gu Seoul Metropolitan Government and “C” convenience store; (b) used a gap in the management of the victim D, an employee of the said convenience store, in order to conceal the market price of KRW 1,660, which was displayed in the store in the store, into the clothes; (c) but did not lead to an attempted crime, but failed to realize that purpose.

"2018 Highest 1596"

1. Embezzlements of lost possession;

A. On December 30, 2017, around 16:00 on December 30, 2017, the Defendant acquired one copy of the credit card owned by the victim F on the front side of Jongno-gu Seoul, Jongno-gu, Seoul.

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

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

B. On January 4, 2018, around January 23, 2018, the Defendant acquired one debit card owned by the victim H from the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu G (hereinafter “Seoul”) around January 4, 2018.

The Defendant did not take necessary procedures, such as returning the 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 January 5, 2018, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) around 01:39 on January 5, 2018, at the “J” convenience store located in Seocho-gu Seoul Metropolitan Government, the Defendant would be entitled to KRW 8,800, the total amount of KRW 8,800, and the number of the employees whose location is unknown. (b)

The victim is not aware of the identity of the owner of the above convenience store after the completion of the debit card under the H's name, as described in the paragraph, presented as the legitimate licensee, signed and settled the sales slip.

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