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(영문) 수원지방법원 2019.10.17 2019고정957

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 13, 2018, the Defendant found the victim D’s resident registration certificate and the market price of 150,000,000,000 won, which are lost, on the front of the C Bank located in the wife B at Chicago-si, and did not follow necessary procedures, such as returning it to the victim, and embezzled the property that he/she had, on his/her own idea, left from the victim’s possession.

[Defendant's assertion that there was no intention or intention of unlawful acquisition of stolen property embezzlement, however, according to the evidence duly adopted and investigated by this court, the summary of the evidence is sufficiently recognized as the intention or intention of unlawful acquisition of stolen property embezzlement and the defendant's possession is sufficiently recognized in light of the following: (a) the defendant found a wall that was left behind the floor by the defendant; (b) the defendant was holding for a long time after acquiring damaged property; and (c) the credit card in the wall that he acquired was stored in his own wall; and (d) the defendant was not stored in his own wall. Therefore, the defendant's assertion is rejected

1. Partial statement of the defendant;

1. The police seizure record and the list of seizure;

1. Photographs of damaged articles;

1. Application of the Acts and subordinate statutes to the written request for return of seized articles;

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;