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(영문) 부산지방법원 2018.04.23 2017고정2503

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 1, 2016, the Defendant found one set of gold G3 mobile phones from the front side of the “C” located in Suwon-gu Busan, Suwon-gu, Busan-do, where the market price of the victim D lost is unknown.

The defendant did not follow necessary procedures, such as returning the above acquired property to the victim, and sold the benefits in other places, and had he thought that he would become an owner of the benefits.

2. On August 2016, the Defendant acquired one mobile phone 4 when galloning a test gallon where the market price of the lost goods is unknown on the front of the door in Busan East-gu, Busan-dong, and the victim whose name is unknown on the road.

The defendant did not follow necessary procedures, such as returning the above acquired property to the victim, and sold the benefits in other places, and had he thought that he would become an owner of the benefits.

3. On September 16, 2016, the Defendant found one unit of cell phone in so far as he had lost the victim I to 6,000 won in a white Samsung gallon, which was owned by the victim I. 90,000 won.

The defendant did not follow necessary procedures, such as returning the above acquired property to the victim, and sold the benefits in other places, and had he thought that he would become an owner of the benefits.

As a result, the defendant embezzled the assets that have been separated from the occupation of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 360 (1) of the Criminal Act and Article 360 of the same Act concerning the applicable criminal facts, the selection of punishment, and the selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

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