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(영문) 대전지방법원 2016.04.21 2016고단590
점유이탈물횡령등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 23, 2015, the Defendant found one copy of the Defendant’s NA credit card, which was the victim D (e.g., 61 years old) and lost around the bus stops located in Seo-gu Daejeon apartment complex, Seo-gu, Daejeon.

Defendant 1 did not follow the necessary procedures such as returning the above acquired property to the victim, and embezzled as her own idea.

2. On August 23, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around August 16:2, 2015, at a “F restaurant” restaurant in Daejeon Seo-gu, Daejeon, where his name is unknown, as the Defendant had been given a legitimate right to use the said restaurant; (b) the said employee presented Chapter NAH Credit Card No. 1 of the name obtained as indicated in the foregoing paragraph, and signed and delivered a member signature in the signature column; (c) used the lost credit card in another’s name by having the said employee prepare one copy of the credit card sales slip in the name of NANH; and (d) by deceiving the said employee to obtain food equivalent to KRW 15,00 from an injured person whose name as the above restaurant operator is unknown; and (c) obtained the said cafeteria operator’s name from the victim to September 19:16, 2015, the victim’s name was lost in total under 26 times as indicated in the attached Table from September 16, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on internal investigation, reports on investigation results, and reports on investigation results;

1. A detailed statement of use of credit cards (Submission of a victim);

1. Receipts of credit card merchants;

1. A photograph of CCTV image data (a mountain store in which such data are kept);

1. Data requested to cooperate in the loss of the NH card or unlawful use thereof;

1. Application of Acts and subordinate statutes to the details of credit card transactions used by the person under consideration;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Criminal Act that provides for the choice of punishment (the point of embezzlement and the choice of fines), Article 347(1) of each Criminal Act (the point of fraud and the selection of fines).

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