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(영문) 부산지방법원 2014.01.06 2013고정5365

점유이탈물횡령

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 31, 2013, at around 02:30 on July 31, 2013, the Defendant: (a) laid a substitute driver on the street side of the 'B apartment in Busan East-gu, Busan', and then walked for the purpose of moving to the fluence, the Defendant found S4 smartphone only when the victim C was under the influence of alcohol and lost to fluence of 90,000 won, while returning home, and acquired it.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled it by having her think of possession, without taking necessary procedures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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