beta
(영문) 서울중앙지방법원 2014.10.02 2014고정3746

점유이탈물횡령

Text

Defendant

A A shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant B had expressed his mind to purchase the cellular phone that was stolen or acquired from customers against taxi drivers or proxy drivers.

On December 2, 2012, the Defendant acquired stolen goods by purchasing 40,000 won of the price with knowledge of the fact that the cellular phone owned by the victim is stolen in the name-free place in Seoul (hereinafter referred to as a "sallon").

B. On December 2012, the Defendant acquired stolen goods by purchasing S3 mobile phones in price KRW 230,000 with knowledge of the fact that the Defendant is a stolen in the name-free place in Seoul or below, even though he knows that it is a stolen property owned by the victim.

C. On January 2013, 2013, the Defendant acquired stolen goods by purchasing 110,000 won of the price knowing that the cellular phone owned by the victim is stolen in the name of a proxy in a false place not exceeding Seoul, with knowledge of the fact that the cell phone is stolen.

On February 1, 2013, around 03:00 to 04:00, the Defendant acquired stolen goods by purchasing KRW 100,000,00 from taxi workers C with knowledge of the fact that gallon gallon galloned S3 mobile phones owned by a victim under his name from Seocho-gu Seoul Metropolitan Government Seocho-dong 103-22.

E. On February 3, 2013, around 17:00, the Defendant acquired stolen goods after purchasing 70,000 won of the price with knowledge of the fact that the galloned S2 mobile phone owned by the victim was stolen in front of the National Bank located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu.

2. On December 1, 2012, Defendant A, at the main point of “E” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, Defendant A, without following necessary procedures such as acquiring a cell phone equivalent to KRW 9.50,00,00 of the market value of the victim F’s loss, and returning it to the victim, Defendant A embezzled his own idea without following necessary procedures.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendants and C respectively.