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(영문) 부산지방법원 2017.12.13 2017고정2029

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 December 24, 2016, the Defendant: (a) found a mobile phone (i.e., e., phone 7 and e., e., e., e., e., e., cl. 7) of an amount equivalent to KRW 900,000,000, which was lost by the victim D; (b) but (c) embezzled the lost object of possession without taking measures to return it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Report on internal investigation by each police (verification of the fact of damage, attachment of the details of registration of a new account - details of registration of accounts received by an attachment company, specific person suspected of being suspected);

1. Police seizure records and list of seizure;

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;