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(영문) 부산지방법원 동부지원 2019.08.21 2019고정279

점유이탈물횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 19, 2019, at around 17:50, the Defendant found one female gate containing the loss of the victim C (n, 53 years of age) on the road in Busan Maritime Transport Daegu B market, 445,000 won, identification card, credit card, etc.

The Defendant did not follow necessary procedures, such as returning to the victim, but did not take the necessary procedures, and took 445,000 won from the wall of the victim acquired as above.

Accordingly, the defendant embezzled the above property that has left the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Requests for cooperation in investigation (ct v perusal and reproduction), report on internal investigation (attached photographs, such as locks, etc.) and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (Consideration of reflectivity, recovery from damage, circumstances after the crime, financial standing, etc.);