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(영문) 대구지방법원 2015.09.18 2015고정1744

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Around 07:30 on June 12, 2015, the Defendant acquired a single unit of Samsung 4 mobile phone at the market price of KRW 900,000,000,000, which is the victim owned by the victim B, in front of the office of education, and embezzled the unit of Samsung 4 mobile phone without taking necessary procedures, such as returning it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and photographs of damaged articles;

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;

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