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(영문) 인천지방법원 2019.10.17 2019고정1250

점유이탈물횡령

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 2, 2018, the Defendant acquired the victim’s resident registration certificate (23 years of age) lost by the victim C (23 years of age) in front of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A list of seizure and a protocol of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (victim C telephone call);

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;