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(영문) 서울북부지방법원 2016.07.19 2016고정1006

점유이탈물횡령등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The criminal defendant has been engaged in cleaning in B;

Around August 2015, in a third floor toilet located in Songpa-gu Seoul Metropolitan Government, he or she acquired one cell phone owned or lost by a victim due to identity in Songpa-gu, Songpa-gu, Seoul, and embezzled it without reporting to acquire it during the custody.

2. On December 7, 2015, the Defendant attempted to commit fraud by visiting E located in Jung-gu Seoul, Jung-gu, Seoul on December 13:50, 2015, and then visiting E to F, who is aware of the theft cell phone device, “hers mobile phone.”

In other words, it is true that there was a loss of the cellular phone confirmed by the computer, and the intention of the defendant was not revealed, and it was an attempted crime because the defendant's false statement was not revealed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Police seizure records and list of seizure;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act concerning the crime, Article 360(1) of the Criminal Act that prescribes the choice of punishment (the crime of embezzlement of deserted articles in possession), Articles 352 and 347(1) of the Criminal Act (the crime of attempted fraud) and the choice of fines;

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

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;