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(영문) 부산지방법원 2015.11.05 2015고정3448

점유이탈물횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:00 on April 26, 2015, the Defendant acquired Samsung Ggalthal 3 of the market price equivalent to KRW 850,00,00,000 in front of the gravel subway station located in the Southern-gu Busan Metropolitan City.

The Defendant, without taking necessary procedures such as returning this to the principal, has embezzled his idea of possession.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Police seizure records;

1. Mobile phone inquiry about stolen or lost loss;

1. Photographs of seized articles;

1. Application of police investigation reports (referring to inquiries about theft or loss of mobile phones) statutes;

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

1. Articles 70 (1) 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;