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(영문) 의정부지방법원 2018.07.04 2018고정851

점유이탈물횡령

Text

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

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

Reasons

Punishment of the crime

On March 16, 2018, at around 23:30, the Defendant embezzled one unit of the 8 mobile phone at the market price, which was placed by the victim C, who was on board the cab in the vicinity of the Doridong Doridong Doridong Doridong Do, and then embezzled without following necessary procedures, such as returning it to the victim, even though he was found to have been on board the cab by the victim C.

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) although the defendant repents the defendant's wrong fact, and the damaged items were returned to the victim; (b) the mobile phone-related crime that is highly likely to follow the crime by using personal information is committed; (c) the driver finds the mobile phone of the passenger who placed in the taxi; (d) even though the driver provided contact with the damaged person regarding the return of the damaged items against the trust of the passenger, he/she makes a false statement; and (e) the punishment as ordered is imposed by comprehensively taking into account all the factors of sentencing, such as the defendant's age, sex, home environment, motive and method of the crime, circumstances after the crime, etc.