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(영문) 대전지방법원 2016.06.23 2016고정645

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. In October 2015, the Defendant: (a) held one copy of the resident registration certificate that the victim B lost in the middle-gu, Daejeon, Daejeon; (b) did not take measures such as returning it to the victim; and (c) embezzled it as it is.

2. On November 6, 2015, the Defendant presented the said resident registration certificate to the employees of the location of D stores located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and requested that the said certificate be opened in his/her female-friendly Gu resident registration certificate, and the cell phone be opened in B’s name.

Accordingly, the Defendant had his employee prepare an electronic file in the application form for admission to the mobile phone in the above B name and sent it to the D head office.

Accordingly, the defendant forged electronic records on rights and duties of others for the purpose of making business affairs smooth, and exercised them.

3. On the same day as the above paragraph 2, the Defendant approved the opening of two mobile phones in the name of D from the employee in charge of D, and obtained the two mobile phones market value of 1.8 million won from the two mobile phones at the delivery place applied by the Defendant and acquired them by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes for written confirmation of admission;

1. Relevant legal provisions for criminal facts, Article 360(1) of the Criminal Act for the selection of punishment (the point of embezzlement, the selection of fines), Articles 232-2, 34(1), 31(1) (the point of private electronic records creation, the selection of fines), Articles 234, 232-2, 34(1), and 31(1) (the point of exercising electronic records of the above author's company, the selection of fines), Articles 347(1), 34(1), and 31(1) of the Criminal Act for the sake of criminal facts; Articles 347(1), 34(1), and 31(1) (the selection of fines) of the Criminal Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;