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(영문) 춘천지방법원 원주지원 2018.03.15 2017고정337
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

1. On July 19, 2017, the Defendant embezzled a copy of the NH physical transfer card owned by the victim and embezzled at the “C convenience store located in the Won-si B” located in the Won-si on July 19, 2017.

2. On July 20, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit-based Financial Business (hereinafter “G pharmacy”) presented the said card to the employee as if he/she was a legitimate holder of the said card, by presenting the said card to the employee, at around 17:49, the Defendant acquired the pecuniary benefits equivalent to 16,400 won by allowing the employee to pay the purchase price with the said card, and used the lost debit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to internal investigation reports (10 times a month), investigation reports (11 times a month);

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Business of Financial Services Specializing in Credit, and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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