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(영문) 광주지방법원 2018.05.31 2018고정488
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On February 10, 2018, the Defendant’s embezzlement of the deserted articles in possession is obvious that the “in Chungcheong City” as stated in the written indictment at the Cheongju-si around February 10, 2018 is a clerical error.

In Heung-gu B “C main point,” the victim D (e.g., 35 years old) lost, KB S Ma-Man S Ma-Ma

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. From February 14, 2018, around 23:21, 2018, the Defendant violated the Act on Specialized Credit Financial Business and the Defendant: (a) purchased goods, etc. equivalent to KRW 945,400,00 in total from the victim F (39 years of age) located in Gwangju North-gu, Gwangju; (b) presented one copy of the above D’s KB high-speed S Card in the above name to the victim who purchased tobacco 1; and (c) made the above victim a lost card out of KRW 4,500 by allowing the above victim to prepare one copy of the above card sales to use the card; and (d) by deceiving the above victim to pay KRW 4,500 from the victim to February 15, 2018; and (e) by deceiving the victim to pay KRW 945,400,000 in total, and by inducing the victims from the loss of the card, 90,000,000 won of the above card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of victims of D;

1. Each investigation report (in relation to attachment with regard to attachment as a result of an on-site identification at the I main point, related to the investigation of CCTV in areas where damaged goods are illegally used, the attachment of a written statement of the business owner using damaged goods and receipts, and related to the verification of CCTV in J Mart);

1. Article 360 of the Criminal Act applicable to the facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of items departing from possession), and Article 70 of the Act on Financial Business Specializing in Credit (the use of lost credit cards) 3 of the Act;

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