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(영문) 서울중앙지방법원 2017.01.11 2016고정3752

점유이탈물횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 8, 2016, around 20:0, the Defendant found one Handphone (opon 6S, powder color) owned by the victim who was lost D on the front of the Seodaemun-gu Seoul Westerndong.

The Defendant did not take necessary measures such as returning the goods acquired as such to the victim, but embezzled the goods that he/she had on his/her own mind and lost from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of seizure records and statutes concerning the list of seizure;

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. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the beginning of a crime and the fact that students have yet to be employed and that they have agreed with the victim);