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(영문) 서울중앙지방법원 2019.01.17 2018고정2703

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On October 3, 2018, at around 09:41, the Defendant embezzled a 1-wheeled scrap, which is an object of possession, by inserting about 49,000 won in the market price, after discovering a string shopping bag from the Dowing Station platform (Indopon Dopdong) of 170-ro 2 (Indop Dopon 24) of Dobong-gu Seoul, Dobong-gu Seoul Metropolitan Government (Dopon Dopon 200-ro), and the victim B (ma and 24 years old) on his own seat, and then putting the shopping bag in the inner cover of approximately 49,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the Acts and subordinate statutes on internal investigation reports (the CCTVs in the Doz. of subway lines);

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;