beta
(영문) 의정부지방법원 고양지원 2017.11.30 2017고정1198

점유이탈물횡령

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 30, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the District Court of Jung-gu on August 30, 2017, and the judgment became final and conclusive on September 7, 2017.

On April 1, 2016, the Defendant acquired on April 1, 2016, 1, 1, 60, cash 60,000 won, 1, 2, 2, 3, 4,000 won gift certificates, 1,00,000 won credit cards (new, 1,1), 2, resident registration certificates, and driving licenses owned by the victim C ( South, 45 years of age) who was far away from the Seo-gu, Seo-gu, Busan, Seo-gu.

As a result, the Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property that he/she had possessed, without taking necessary procedures.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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;