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(영문) 제주지방법원 2016.01.28 2015고정960
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

1. On April 19, 2015, the Defendant embezzled: (a) around 14:00, the Defendant: (b) obtained one new credit card, one physical card, and one identification card in Samsung Gallon case in S3 mobile phones and mobile phone junopon; and (c) embezzled the property of another person’s possession without following necessary procedures, such as returning it to the victim; and (d) embezzled the property of another person.

2. No person in financial business specializing in credit shall sell or use lost or stolen credit cards or debit cards;

Nevertheless, the Defendant purchased goods on a total of 41 occasions from April 19, 2015 to April 20, 2015, as indicated in the list of offenses, and used lost credit cards or debit cards by settling the total amount of 402,150 won by presenting a credit card lost by C as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation (related to the finding of cell phones of damaged goods);

1. Application of the CCTV Acts and subordinate statutes to convenience stores;

1. Relevant legal provisions of the Criminal Act, Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 70 (1) 3 (the use of lost credit cards or debit cards) of the Act on Specialized Financial Business for Credit, and the selection of fines, respectively, for the crime;

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, the records, such as the circumstances after the crime, the criminal records of the Defendant, and the sentencing cases of similar cases, etc., the amount of the fine specified in the summary order is not acknowledged to be excessive, and there is no change in circumstances that may be considered after the summary order, so the order is to maintain the amount of fine under the summary order.

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