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(영문) 서울중앙지방법원 2017.09.20 2017고정2657

점유이탈물횡령

Text

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

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

Reasons

Punishment of the crime

On May 20, 2017, the Defendant, at around 03:00, embezzled, without following necessary procedures such as returning it to the victim, even though he/she acquired one gallon equivalent to KRW 900,00,00 at the market price of the gallon B, who is a passenger of a taxi that he/she operates.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

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;