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(영문) 서울서부지방법원 2017.09.27 2017고단1248

점유이탈물횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, as a driver of D cab on April 19, 2017, on the front side of Mapo-gu Seoul Metropolitan Government on April 06:37, 2017, found one verification color flura, which contains 20 million won in cash owned by the victim F, who was a passenger of the said cab, placed on the back seat of the cab, 6S 1 of the market price of which is equivalent to KRW 900,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000) and

They were placed in the ridges.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against the F;

1. Statement made to I by the police;

1. As to the Defendant’s assertion of the head of a Tong, although the Defendant embezzled the bank of the victim left in the taxi, the Defendant did not contain 20 million won in cash within the taxi.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is recognized that there was a cash of 20 million won in the victim’s bags embezzled by the defendant. Thus, the above assertion by the defendant is rejected.

(1) After confirming that the victim lost a bank containing two cell phoness of his mobile phone, the victim immediately known the loss of the bank containing 20 million won in cash in the defendant and the taxi company. On the next day, the police also made a statement that the bank contains 20 million won in cash while reporting the loss.

At the time of the preparation of the above written statement, as follows, the victim stated that the defendant is doubtful of the following customers, and he also stated the suspected contents of the following customers, who are not the defendant, and as such, the victim cited the room.