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(영문) 부산지방법원 2014.04.10 2013고정6399

점유이탈물횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 17:00 on October 19, 2013, the Defendant embezzled the Defendant’s thought to have, without following necessary procedures such as returning the fact to the victim or reporting the acquisition to the police office, even though the Defendant discovered an amount equivalent to 9.50,00 won at the gallon market price of Samsung 3 (Cut number:22469) mobile phone owned by the victim D, which was far away from the hotel C hotel located in B, Busan Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (including attachment of photographs of seized articles);

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

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (including the first offender, the fact that the damaged article was returned to the victim, and the victim expressed his/her intention not to punish the victim, etc.);