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(영문) 서울중앙지방법원 2014.05.08 2014고정1338

점유이탈물횡령

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is operating a taxi for business use in “C” in “B” company.

1. At around 16:00 on September 16, 2013, the Defendant embezzled the victim E (Nam and 24 years of age) with one cell phone of the gallon city (F) mobile phone in Seoul Special Metropolitan City, Nowon-gu, without following necessary procedures such as returning the victim to the victim.

2. On October 21, 2013, the Defendant embezzled scar (ma and 38 years of age) with one smartphone (H: H) around the Songpa-gu Seoul Stamball site, without following necessary procedures, such as having a scar, whose victim G (ma and 38 years of age) fall into the taxi operated by the Defendant, and returning it to the victim upon the receipt of the scar owner by the scar owner.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect of the defendant or I;

1. A written statement of G and E;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Article 360 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 360 (1) of the Criminal Act

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

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