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(영문) 서울동부지방법원 2016.11.09 2016고정1511
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 27, 2016, the Defendant embezzled the lost possession on his/her own think he/she had without following necessary procedures, such as returning it to the victim, even though he/she acquired a new card owned by the victim B at the top of the branch in Songpa-gu Seoul, Songpa-gu, Songpa-gu, Seoul, 169.

2. On June 27, 2016, the Defendant: (a) purchased glutinous rice glutinous rice glusium in Songpa-gu Seoul; (b) presented glutinous rice glutinous rice glusium as being a lawful holder of the said card; and (c) had an employee pay 16,000 won; (b) from that time to 19:33 of that day, he/she acquired, acquired, and used the lost new card, respectively, by means of the same five times in the same way as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Details of development approval, and receipt for re-issuance (D points);

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card, including the point of use of lost credit card), and the selection of each fine;

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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