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(영문) 서울중앙지방법원 2016.01.28 2015고단7265

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On October 20, 2015, at around 04:00, the Defendant embezzled the Defendant without taking necessary measures, such as discovering one cell phone of 60,000 won of the market price, which the victim C moved in the taxi in B-si, operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City, with the victim C, and returning it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

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

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s crime, and the damaged goods were returned to the victim, the Defendant has no record of punishment for the same kind of crime, and the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and the circumstances after the crime, etc., are considered in light of various conditions of sentencing as indicated in the argument of the instant case, such as the crime.