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(영문) 인천지방법원 부천지원 2021.01.08 2020고단1817

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On November 16, 2019, around 23:46, the Defendant: (a) placed in the “C” restaurant on the first floor of the building B in Bupyeong-si, Seocheon-si, B; (b) placed around around 400,000 won in the market where the victim D, an employee of the place under the influence of alcohol, was aware of it as the clothes of the workplace rent and brought it back to his female-friendly house.

On November 18, 2019, the Defendant brought up the instant verification color crowdfunding, which is an owner of the victim, under the influence of alcohol on November 2017, and even though he was aware that the said verification color crowdfunding was an object that has been separated from the possession of the victim, he/she did not go through necessary procedures, such as returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. On-site photographs, photographs, CCTV photographs, and receipt of a credit card to pay the price of damaged articles to the accused who has made a statement in the court under the police interrogation protocol;

1. Application of Acts and subordinate statutes to each investigation report (such as confirmation of the victim's counter-damage, settlement of payments for the suspect and day, detection and recovery of damaged articles, opinion of the investigator, attachment of the details of conversation between the suspect and female-friendly camera, hearing of the suspect A telephone statement of the suspect, etc.) on the warrant of search and seizure and on the execution of search and seizure verification warrant (D) internal investigation report (including on-site dispatch and CCTV verification, etc.).

1. Relevant legal provisions for criminal facts, Article 360(1) of the Criminal Act for the choice of punishment (the crime of this case is deemed to have been committed) and the choice of fines (the crime of this case is deemed to have been committed after the defendant finished his/her drinking place by mistake and has not been returned after he/she finished his/her drinking place, and the nature of the crime is poor in light of the background, method, result, etc. of the crime.

However, the defendant led to the confession of the crime of this case and reflects on the victim, the damaged articles were returned to the victim, and the defendant took the other victim's sexual harassment, which was drunk, into the clothes of the workplace, and then the owner.