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(영문) 의정부지방법원 2015.08.11 2015고정109
점유이탈물횡령등
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

1. On August 22, 2013, the Defendant embezzled, at around 20:0, the cash 43,000 won owned by the victim B, one debit card of Han Bank, one Samsung Card, and one driver’s license, which were located far away from the street dives of Kuri-si, Suwon-si, Suwon-si, as of August 22, 2013.

2. The Defendant in collusion with C,

A. On August 23, 2013, when purchasing one milk from E stores located in Guri-si D around 01:57 on August 23, 2013, the victim’s Samsung Card, embezzled under the aforementioned circumstances, presented it to both employees, and then the employees, by allowing the employees to settle KRW 1,500 by the said credit card.

B. On August 23, 2013, around 02:24, 2013, the victim’s Samsung Card owned by the victim, which was embezzled under the aforementioned circumstances, was presented to the restaurant operator, and had the restaurant operator settle the amount equivalent to KRW 21,00 by credit card, thereby taking profits equivalent to that amount.

C. On August 23, 2013, around 02:44, 2013, when entering the H private house located in Guri-si G, presented the said Samsung Card to a private company or employee, and its employees had an employee pay 14,000 won of the price, thereby gaining profits equivalent to that amount.

3. The Defendant violated the Specialized Credit Financial Business Act, in collusion with C, illegally used credit cards embezzled as provided in the preceding paragraph.

Summary of Evidence

1. A photograph of a credit card closure;

1. Police suspect interrogation protocol regarding C;

1. Application of the police protocol protocol law to B

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense (the point of embezzlement, the choice of fines), Articles 347 (1) and 30 (Fraud, Selection of fines) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 30 (Unlawful Use of Credit Card, and Selection of Fines) of the Criminal Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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