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(영문) 인천지방법원 2016.09.09 2016고정2305

점유이탈물횡령

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 5, 2016, at around 09:35, the Defendant found KRW 288,000,000, in cash located in the 17 Dongnam apartment 1, Dongnam apartment 1, a day from 132, a day from Seo-gu Incheon, Seo-gu, Incheon.

The defendant did not take necessary procedures such as returning the above acquired property 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. Statement by the defendant in court;

1. B written statements;

1. Investigation report (on-site chief executive officer, specific suspect, etc.);

1. Application of statutes on site photographs;

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;