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Reasons
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(영문) 서울북부지방법원 2018.01.12 2017고정1809
점유이탈물횡령등
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In regard to the crimes No. 1 and No. 2 in the judgment of the defendant, a fine of KRW 600,000 shall be imposed on the crimes No. 3 in the judgment.

Reasons

Punishment of the crime

1. From May 18, 2017 to 00:00 to 05:00 on May 18, 2017, the Defendant embezzled the victim E ( South, 26 years of age) and lost string string string string string 26 years of age) by acquiring one head of the string string card.

2. Fraud;

A. On May 18, 2017, the Defendant received delivery of KRW 7,000, 700, 100, 700, 70, and 70,90, 200, by allowing the Defendant to present and settle the check cards, such as the Seoul Special Metropolitan City F building and the first floor G Mart as 1.

B. On May 18, 2017, the Defendant received a clothing equivalent to KRW 170,00,00, by suggesting that he/she would pay the physical card acquired from I located in the Gwanak-gu Seoul Special Metropolitan City H as his/her own name, as set forth in paragraph 1, around 19:39.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using a physical check that E lost, as set forth in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reports (Attachment of credit card slips used after finding a suspect);

1. Relevant legal provisions of the Criminal Act, 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 debit cards) of the Act on Specialized Financial Business for Credit, and the selection of each fine for the crime;

1. Article 32 (6) and (1) of the Act on Corporate Governance of Financial Companies, Article 27 (3) and Article 5 subparagraph 29 of the Enforcement Decree of the same Act (abstinence of a violation of the Act on Corporate Governance of Financial Companies Specializing in Credit), which is separate from embezzlement, and fraud);

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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