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(영문) 서울중앙지방법원 2018.11.14 2018고정2223
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. On July 13, 2018, the Defendant: (a) around 20:30 on July 13, 2018, acquired one copy of the Victim B (n, 18 years old)’s parent who lost this case in the vicinity of the entrance No. 4 in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, with KB national card (credit number D) in the name of C.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Around July 20, 2018, the Defendant violated the Act on the Financial Business Specializing in Credit and the Fraud presented to the victim that the credit card completion under the above C was owned by the Defendant at the “G convenience store” of the building Jongno-gu Seoul E and the 1st floor victim F (51 years old) of the building, Jongno-gu Seoul, and the “G convenience store” of the 1st floor victim F, and had the victim settle KRW 4,100.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits of 4,100 won, and used the lost credit card.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. A written statement;

1. Application of Acts and subordinate statutes on credit card receipts;

1. The indictment under Article 360(1) of the Criminal Act of the pertinent Act on criminal facts is written as follows: (a) Article 360(1) of the Criminal Act; (b) Article 347(1) of the Criminal Act; and (c) Article 70(1) of the Act on Business of Financial Services Specializing in Credit is written as “Article 2(2)” but it is obvious that it is a clerical error in “Article 1(1).”

Sub-paragraph 3 (Use of Lost Credit Card), 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. 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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