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(영문) 울산지방법원 2016.09.06 2016고정821

점유이탈물횡령

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Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. On March 28, 2016, Defendant A acquired one gallon 3 smartphones, where the market price cannot be known by the victim, who is a customer with no knowledge of his/her name in the D taxi that he/she is operating in Ulsan-gu, Ulsan-gu. The Defendant acquired one gallon 3 smartphones.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On February 2, 2016, Defendant B found one of the petphone smartphones with which the victim, who is a guest, was unable to know his/her name in the front line of the Ulsan District Court located in the Nam-gu Busan District Court, Ulsan-gu, Ulsan-do, where he/she was operated, was unable to know the market price.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

3. Around November 2015, Defendant C acquired one smartphone in Samsung electronic gallon, where the market price lost by the victim, who is a guest in a taxi that he/she operates, at a place where it is difficult to know, around November 2015.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol regarding F;

1. The list of seizure and the protocol of seizure;

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

1. Article 360 (1) of the Criminal Act and Article 360 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;