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(영문) 서울서부지방법원 2018.04.27 2018고정59

점유이탈물횡령등

Text

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

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

Reasons

Punishment of the crime

1. Around 07:00 on July 31, 2017, the Defendant found the Victim D’s C’s C’s C’s C’ at the main entrance located in Mapo-gu Seoul Metropolitan Government, i.e., the Defendant obtained the Victim D’s C’s C’s C’s C’s check.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, and embezzled the lost property from his possession, without taking necessary procedures.

2. The Defendant attempted to commit fraud, around July 31, 2017, at the main point of the “C” operated by the victim E, and the Defendant, as seen above, presented C’s e-mail card to the victim as if he/she was his/her e-mail card, and tried to settle KRW 35,000, but D failed to settle the account by failing to report the loss of the card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Seizure records;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession) and Article 360(1) of the same Act, Articles 352 and 347(1) (the occupation of attempted fraud) of the Criminal Act, and the selection of fines, respectively;

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;