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(영문) 서울서부지방법원 2017.04.20 2017고정250
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. Around December 22, 2016, the Defendant embezzled, on the first floor of Yongsan-gu Seoul Metropolitan Government building C, the victim D (M, 27 years old)’s cream card from the victim’s 1st floor, but did not take necessary procedures to return the card to the victim, and embezzled as he/she thought he/she had.

2. On December 22, 2016, around 16:16, the Defendant purchased a 10,000 won food card from an employee who is not aware of his/her name at the “E” restaurant under the first floor of Yongsan-gu Seoul Metropolitan Government building C, and then presented it to the victim as if he/she had obtained the same as paragraph 1, and used the e-mail card lost by paying the price. The Defendant was issued a food card equivalent to the same amount from the victim. On the same day, around 16:17, he/she purchased a 8 head of food card equivalent to 400,000 won from the victim at the above place, and presented it to the victim as if he/she had obtained the same as paragraph 1, and used the e-mail card lost by paying the price to the victim, and the e-mail was issued by a person equivalent to the e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of a photograph of damaged articles, report on internal investigation (related to requesting appraisal of oil products), investigation report (related to on-site search and investigation), investigation report (related to on-site CCTV verification), investigation report (related to on-site CCTV verification), and the application of Acts and subordinate statutes

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (a) of the relevant Act, Article 70(1)3 of the Act on the Financial Business Specializing in Credit, Article 70(1)3 of the Act (including the use of a lost card, including the use of the lost card), Article 347(1) of the Criminal Act (including the fraud, the occupancy of fraud), and the selection of each 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. The defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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