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(영문) 서울북부지방법원 2020.05.21 2020고정490
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

1. From around 20:49 on December 17, 2019 to 21:39 of the same day, the Defendant embezzled the property, without following necessary procedures such as returning it to the victim, which was brought about by himself/herself, while he/she acquired a new card, driver’s license, cash, 60,00 won, etc. of his/her spouse who was lost, which was operated in the direction of water sources from the subway line 1 to the subway line 21:39 on the day, and operated in the direction of water sources from the subway line 1 to the subway station to the end of the street station.

2. On December 17, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased goods equivalent to KRW 10,00,00 at the F convenience store operated by the victim E in Jongno-gu Seoul Metropolitan Government on December 17, 2019; (b) presented the credit card under the name of the C, as in paragraph (1), and had the victim pay the above amount, and used the lost credit card by allowing the victim to pay the said amount; and (c) thereafter, from that time, received property worth KRW 105,490 in total six times from that time until December 24, 2019, and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A report on internal investigation (the details of the report);

1. Reports on internal investigation (the confirmation of the victim's credit card user);

1. A report on internal investigation (a investigation into CCTV search for illegal use of a credit card);

1. Application of Acts and subordinate statutes to a investigation report (the investigation of CCTVs in the 1st line capital basin);

1. Relevant legal provisions for 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, Article 70(1)3 of the Specialized Credit Financial Business Act (the point of fraud), the selection of fines, and the 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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