beta
(영문) 부산지방법원 2018.08.16 2018고정1001

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 17, 2017, the Defendant, at around 23:00, was on his/her own operation in a wooden loan parking lot located in Nam-gu, Busan, Nam-gu, Busan, which is located in 284.

B) Within the gallon car, when the victim C lost the victim's market value equivalent to KRW 990,000, the victim C acquired one gallon, but did not take necessary procedures such as returning the victim to the victim.

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. Application of the police seizure protocol statutes;

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing guidelines are not applicable since the application of the sentencing guidelines is selected. 2. The sentencing guidelines as ordered are not applicable, taking into account the motive and background of the principal offense, the fact that damaged items have been returned to the injured party, and the age, degree of reflection, criminal records, etc. of the accused.