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(영문) 부산지방법원 2015.10.07 2015고정2275
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. On January 29, 2015, the Defendant, who was deprived of possession, embezzled in a manner that found a three-dimensional apartment complex located at the lower end of the city of Busan, which was located at the lower end of the Gu of the Gu of Busan, and embling it with the intent to illegally use the three-dimensional card (credit card number C) lost by the victim B, and then acquired it for the purpose of unlawful use.

2. On January 29, 2015, the Defendant, at around 19:21 on January 29, 2015, acquired the sum of KRW 1,162,632 on eight occasions, including the content of the attached crime list, from the time when he/she, by deceiving the victim’s scoo card acquired as the same as the preceding paragraph, by means of suggesting that he/she had completed the 68,472 won of the vehicle oil at the e station located in YY-gu, Busan, Busan, the Defendant acquired the sum of KRW 1,162,632, as shown in the attached list of crimes.

3. The Defendant violated the Specialized Credit Financial Business Act by using the victim’s scoo card that he acquired and embezzled as set forth in the above paragraph (1) and illegally used the same method as set forth in paragraph (2)

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B;

1. An investigation report (to attach photographs of CCTVs in illegal use of cards and CCTVs for suspect operation vehicles);

1. Application of Acts and subordinate statutes to a copy of approval of credit cards;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of use of lost credit cards), and 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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