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(영문) 서울중앙지방법원 2019.02.14 2019고정89

점유이탈물횡령

Text

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

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

Reasons

Punishment of the crime

On October 20, 2018, the Defendant acquired a golf course with a golf seed with a market price of 550,000 won equivalent to 550,000 won, which was issued by the victim B (the age of 63 and female) within the front line of the subway line 55 (Sangdong-dong), which arrived at the joint railway station of the Mapo-gu Seoul Metropolitan Government 55 (Seodong-dong).

The Defendant did not clarify the necessary procedures such as returning the golf banks that he acquired as above to the victim and did so.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Report on internal investigation (Analysis of CCTV data inside the electric utility vehicle) and application of Acts and subordinate statutes to investigation report (specific number of transportation cards used by a suspect);

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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;