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(영문) 서울북부지방법원 2021.01.28 2020고정862

점유이탈물횡령

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

around 14:00 on May 25, 2019, the Defendant found a new card owned by the victim B, which was damaged by the victim B, at Seoul Central Medical Center located in Jung-gu, Seoul, and did not take necessary measures, such as returning the card to the victim, and embezzled the card as he/she had, without taking necessary measures.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements from the victim B of embezzlement of occupied articles);

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

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;