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(영문) 창원지방법원 통영지원 2017.10.26 2017고단1017

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2017, the Defendant embezzled, on possession, the following: (a) on June 4, 201:

C from the back seat of the si, 100,000 won in cash owned by the victim D, 1 resident registration certificate, and 80,000 won in the market price stated in the 7th card, including a new card, were found, but the victim was returned to the victim without following necessary procedures.

2. No person in financial business specializing in credit shall use lost or stolen credit cards;

Nevertheless, on June 4, 2017, the Defendant paid 80,000 won in advance at the Fsing practice place, which is located in E on June 4, 2017, and used a new card (G) lost by the victim D, such as the statement in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Protocols of police seizure and list of seizure;

1. Application of the statutes on the photograph and seized articles related to the case

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act concerning the selection of punishment (a point of embezzlement of deserted articles in possession), Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, a taxi engineer for the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, did not return the cash and the mobile phone containing credit cards, etc. issued by his/her passengers to his/her passengers, but did so, and the instant crime using credit cards is very poor to commit the instant crime.

However, the defendant recognized each of the crimes of this case, against the mistake, all damaged things are returned to the victim, there is no record of criminal punishment exceeding the fine, and the age, sex, environment, motive and circumstance of the crime.