점유이탈물횡령
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On March 11, 2018, the Defendant is a driver of C-si belonging to the Dispute Resolution Co., Ltd.
On March 11, 2018, the Defendant brought up the victim D, who is a taxi passenger in front of the camping station located in 488-21, Sungnam-si, Sungnam-si, without following necessary procedures, such as acquiring and returning one of the smartphones equivalent to KRW 1,000,000, the market price of the victim's possession.
As a result, the defendant embezzled one of the above smartphones who have left the possession of the victim.
2. On April 20, 2018, the Defendant: (a) around 01:35 on April 20, 2018, 2018, the Defendant went through necessary procedures, such as acquiring one x-line smartphone in the market price of the victim’s ownership, which was 300,000,000 won, and returned the x-line smartphone in front of the Suwon-si E apartment Fdong.
As a result, the defendant embezzled one of the above smartphones who have left the possession of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A suspect interrogation protocol of H;
1. Each police officer's statement about D and G;
1. Application of Acts and subordinate statutes to photographs of damaged articles;
1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;