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(영문) 서울서부지방법원 2017.11.10 2017고정971
점유이탈물횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Between October 17, 2016 and October 22, 2016, the Defendant embezzled: (a) 12, a 49-50-hon (NH credit card lost by the victim C in front of an elementary school; and (b) he/she embezzled with his/her idea to use it, without taking necessary measures, such as returning it to the victim.

2. On October 22, 2016, at around 17:50 on October 2, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased goods of another person’s credit card on 14 occasions in total, and obtained goods and pecuniary gains equivalent to KRW 334,600, in total, by illegally using another person’s credit card and by obtaining approval of KRW 48,650, as stated in the list of crimes in the “Attachment”, from the victim, who is the owner of the business at the same location, as stated in the “E” located in Seoul Special Metropolitan CityD.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of transactions by credit cards and applications for compensation for fraudulent use of credit cards;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 360 of the Criminal Act applicable to the facts constituting an offense, Article 360 of the Act on the Selection of Punishment (the Embezzlement of possession) (the Embezzlement of possession), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the misappropriation of credit card), Article 347 (1) of the Criminal Act (the misappropriation of fraud) and the selection of each fine;

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. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (Article 59 (1) of the Act (Article 59 (1) of the Act (Article 59 (1) of the Act (Article 59 (1) of the Victim C by mutual agreement with the victim after the defendant was prosecuted, taking into account the following factors: the fact that the injured person does not want the punishment of the defendant; the defendant's primary crime

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