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(영문) 서울동부지방법원 2016.10.13 2016고단2894

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized evidence Nos. 1 through 3 shall be returned to persons who have lost their names.

Reasons

Punishment of the crime

On May 7, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Eastern District Court for the same year and four months.

6. 28. The Seongdong-gu District Court completed the execution of the sentence.

1. Embezzlements of lost possession;

A. On November 1, 2015, around 14:00, the Defendant: (a) obtained a letter of transportation card equivalent to KRW 2,000,00,000 in the self-governing area in Gwangjin-gu, Seoul Special Metropolitan City; (b) but did not take necessary procedures, such as returning it to the victim on his/her own mind; and (c) embezzled the victim.

B. On April 22, 2016, at around 22:30, the Defendant: (a) obtained a copy of a transportation card equivalent to KRW 2,000,00,000, in the Hanyang-dong, Gwangjin-gu, Seoul Special Metropolitan City, where the victim’s name was deprived; and (b) did not take necessary procedures, such as returning it to the victim, and embezzled.

C. On June 21, 2016, the Defendant, at around 21:00, embezzled without following necessary procedures, such as acquiring a letter of transportation card equivalent to KRW 2,000,00,000, the victim’s name in the Han River Park Syang-dong, Gwangjin-gu Seoul Special Metropolitan City, 97-5 Sacheoncheon-do, and returning it to the victim on his/her own idea.

2. Intrusion upon residence, theft;

A. On July 2016, the Defendant: (a) opened a gate in front of the residence of the victim C in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) around early 2016; (b) intruded into it; and (c) stolen the cable line equivalent to KRW 120,000,000, the market price of the victim’s possession.

B. On July 16, 2016, the Defendant: (a) opened a gate that had not been set up in front of the residence of the victim EF in Gwangjin-gu Seoul Special Metropolitan City, and intruded into it; (b) opened three stringes in the city where the victim’s name was not owned by the victim’s name.

3. An attempted larceny at night;

A. On August 2, 2016, the Defendant around 02:21.