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(영문) 부산지방법원 2019.07.25 2019고정363

점유이탈물횡령

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 20:00 on August 29, 2018, the Defendant did not take necessary procedures, such as returning to the victim while gallonian 8 mobile phones possessed by the victim E on a dry-gu, Busan, the taxi company “C,” which was located in Geum-gu, Busan, without receiving a request from the victim D to find the owner of the mobile phone left by the passenger from the workplace rent D, and did not take necessary procedures, such as returning to the victim, while keeping one cellular phone in custody of the gallon 8 mobile phone at a cost equivalent to one million won, the ownership of the taxi owned by the victim E. on September 4, 2018.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

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;