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(영문) 서울동부지방법원 2018.03.23 2018고정176
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. The Defendant, around August 11, 2017, did not take necessary procedures, such as acquiring a new physical card lost by the victim D (24 years old, South) from the second floor CPC of the building B in Gangdong-gu Seoul Metropolitan Government (24 years old, South) and returning it to the victim.

Accordingly, the Defendant embezzled one copy of the victim's physical card.

2. Violation of the Act on Financial Business Specializing in Credit, and fraud Defendant: 00:11 to 20:11 on August 11, 2017 with a new physical check obtained from the above paragraph (1).

8. 12. Between around 01:06, the sum total of KRW 9,900 was paid by means of a new physical card in the victim’s name, such as the list of offenses in the attached Form.

Accordingly, the defendant acquired property benefits equivalent to the same amount by using a stolen victim's check.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of the police against the defendant (including photographs of the body card of the victim attached thereto);

1. Statement made by the police against D;

1. A new card or photograph of an injured person;

1. Investigation report (The application of Acts and subordinate statutes to CCTV images from the CPC);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost cards) of the Act on Financial Business Specializing in Credit, and the 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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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