beta
(영문) 대구지방법원 2014.04.03 2014고정200

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. On March 6, 2013: (a) around 03:00-05:00, the Plaintiff acquired one unit of gallon 1 (C) verification smartphone in the front of a cafeteria which was lost by the victim B (the age of 38) on the street in front of the mutually French restaurant located in the Grand Ri of the Eup, Busan-gun, Busan-gun, and the market value equivalent to 200,000 won.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

B. On September 22, 2013, around 20:00, at the front of the convenience store located in the Daegu Suwon-gu Two-dong (D Hospital Driner), the victim E was found to have a single gallon 3 (F) type smartphone in the gallon city with the lost market price of 1 million won.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement in E and B;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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

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

1. Articles 70 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;