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(영문) 서울중앙지방법원 2017.12.06 2017고정2972

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 14, 2017, around 19:11, the Defendant acquired approximately KRW 1,500,000,000 between the 100,00,000,00,00,00 in the south-gu, Seoul Special Metropolitan City, 194-ro, 101, in the process of trading a heavy vehicle by the victim C.

Defendant 1 did not follow the necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of the CCTV-fagrat-faging statutes;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;