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(영문) 수원지방법원 성남지원 2014.09.05 2014고정1194
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around March 2014, the Defendant embezzled, on the premise that he/she did not take such measures as acquiring any ice credit card lost by the victim B and returning it to the victim at the front of the apartment site apartment of the site located in the Suwon-si, Suwon-si, the death district.

2. On March 29, 2014, the Defendant violated the Specialized Credit Financial Business Act: (a) paid 400,000 won with the credit card lost at the D massage treatment establishment located on the eightth floor of the Madong-si, Seongbuk-gu, Sungnam-si; and (b) paid the same.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes of B and E;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act that prescribes the punishment (the point of embezzlement of stolen articles, the choice of fines) and Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of using lost credit cards and the choice 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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