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(영문) 서울북부지방법원 2017.06.22 2017고정771
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, around January 6, 2017, embezzled: around 11:37, the Defendant: (a) purchased tobacco 1:4,500 won from the convenience store operated by the victim D in Gangnam-gu Seoul, Seoul, as soon as possible; (b) purchased the check card of one bank from the victim B ( South, 74 years old) and did not follow necessary procedures, such as returning it to the victim; and (c) embezzled that he/she would have on his/her own idea without taking necessary procedures. (b) On January 12:07, 201, the Defendant violated the Act on Special Financial Services; (d) purchased the check at the convenience store operated by the victim D in Gangnam-gu Seoul, Seoul, and paid for the amount of KRW 4,500, and paid for the amount of KRW 1:500 from the time on which he/she acquired the check from the victim to the date on which he/she was issued the 16th of the total amount of damage, including the 1.5th of the debit card, and issued it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of approval for one card;

1. Application of Acts and subordinate statutes to report internal investigation (verification of customers who illegally use cards);

1. Relevant legal provisions for facts constituting an offense, 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, and the selection of fines for each type of fine;

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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