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(영문) 서울동부지방법원 2016.12.20 2016고정1819
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On July 9, 2016, around 16:30, the Defendant: (a) obtained modern credit cards owned by the victim B from the street of Songpa-gu Seoul Songpa-gu, Songpa-gu, 257-2, and did not take necessary procedures, such as returning them to the victim; and (b) embezzled the property that he/she thought to have, as he/she may have, left, left the possession of the victim.

2. Around 17:41 on July 9, 2016, the Defendant settled PC at DPCs located in Songpa-gu Seoul, Songpa-gu, and the third floor by the above modern credit card, and around 17:45 on the same day, the Defendant purchased tobacco 1 A, le-fren tobacco in Songpa-gu, Seoul, and obtained a total of KRW 44,000, and used the lost credit card.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act that prescribes the punishment (the point of embezzlement, the choice of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines) and Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card and the selection of fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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