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(영문) 대구지방법원 2014.09.12 2013고정2477
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, in collusion with B (Suspension of Prosecution on the same day) on June 13, 2012, acquired one copy of the Victim C’s No. 4, 294, away from the subway station floor of the Dong-gu, Daegu-gu, Daegu-dong, 4, 294.

The Defendant, in collusion with the above B, embezzled without following necessary procedures, such as returning the acquired property to the victim, etc.

2. Fraud and Specialized Credit Financial Business Act violation Defendants conspired to purchase goods and use them as if they were entitled to use C’s debit cards under the name of C, which did not have been used at the same time.

On March 22, 2012, the Defendant purchased one Kastra and one Huan de-de-crison at the Daegu East-gu terminal store located in Daegu-gu, Daegu-gu, 2012, and presented the Kastrua card under the name-free Paris card to an employee as if he had a legitimate right to use, and had the employee settle 4,200 won of the Maba-gu price. In addition, the Defendant purchased 348,400 won of the Maba-gu in total five times in the same manner as indicated in the attached list of crimes, and used the Maba card under the name of the said C.

Accordingly, the Defendant conspired with B to settle a total of 348,400 won with the above C's C's C's C's C's C's C's C's C's financial benefits, and violated the Specialized Credit Financial Business Act.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement of each victim of D, E, F, and G;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to the details of cards used by suspects);

1. Article 360(1) and Article 30 of the Criminal Act for the crime at issue, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of each Criminal Act.

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