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(영문) 수원지방법원 2015.04.27 2015고정681
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal power] On December 22, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Suwon District Court on December 22, 2014, and the judgment became final and conclusive on December 30, 2014.

【Criminal Facts】

1. On August 4, 2013, the Defendant found 200,000 won of the victim B’s license and resident registration certificate in the event of a park located in Osan-si (hereinafter “B”), and the Defendant, despite having obtained B’s driver’s license and resident registration certificate, embezzled the victim’s wall, etc. at his own discretion, instead of returning it, and embezzled the Defendant’s wall, etc. equivalent to the above amount.

2. Forgery and uttering of private documents, and even if the Defendant entered a new mobile phone in the name of B, he/she did not have any intent or ability to pay the mobile phone and the subsidy therefor.

Nevertheless, on August 7, 2013, the Defendant, using the B’s driver’s license acquired as above, tried to open one mobile phone, and, on August 7, 2013, around 15:00, the Defendant written B and B’s signature in the customer column of “new service contract” in the mobile phone “service contract” and forged B’s “new service contract” and “the sales contract in the name of B” and submitted B’s “the service contract in the same date and place,” and submitted E’s “the service contract in the name of B” and “the service contract in the same place,” and “the service contract in the form of a mobile device” and “the sales contract in the form of a mobile device” and “the sales contract in the form of a mobile device.”

Therefore, all of the supporting 420,00 won, including 1,269,200 won and 420,000 won, were received from the victim through the 849,200 won of the market price on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A new service contract, a sales contract to install a terminal;

1. The certificate of transfer of the Internet banking;

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