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(영문) 서울동부지방법원 2016.04.20 2016고단38

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

The defendant is a person who drives a taxi for business use B.

On September 2, 2015, the Defendant got 150,000,000 U.S. S5 smartphones and returned to the victim, without going through prescribed procedures, where the victim C, who was a passenger at around 00:10 on the same day, left the front side of the “E oil station” located in Gwangjin-gu Seoul Special Metropolitan City on September 2, 2015, and 950,000 won at the lower seat of the taxi operated by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Seizure records;

1. An investigation report (specificization of symptoms and taxi numbers, in the form of trace);

1. Application of the Acts and subordinate statutes to the photographs of seized articles and CCTV image output data;

1. Article 360 (1) of the Criminal Act Article 360 of the relevant Act concerning criminal facts (Selection of a fine in consideration of the facts against which the crime is committed and the facts that have no record of the same crime);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 3 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;