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(영문) 인천지방법원 부천지원 2016.08.25 2016고정753

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 February 21, 2016, at around 13:00, the Defendant thought that he/she had without following necessary procedures, such as returning to the victim, even though he/she acquired an amount equivalent to KRW 1 million of the 6S owned by the victim D’s son lost, at the near a soup room in the Seocheon-gu Seoul Special Metropolitan City B building site.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A seizure list;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

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

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