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(영문) 서울서부지방법원 2014.04.10 2013고정2301

점유이탈물횡령

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

On February 24, 2013, the Defendant operated bus driver C (D) with the route number number of the daily passenger from around 15:00 to around 15:31 on the same day.

At around 15:31 on the same day, the Defendant left the possession of the victim E in the above bus parked on the passenger garage of Eunpyeong-dong 36, Eunpyeong-gu, Seoul, and embezzled 6.50,000 won in cash on the wall belonging to the victim located in the bus by arbitrarily deducting 6.50,000 won in cash from the bus to return it to

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of the results of CD verification in the third protocol of the trial;

1. The police statement of the defendant;

1. The defendant and his/her defense counsel's assertion on internal investigation reports (as to the confirmation of ctv) asserted that the defendant did not have cash at all when he/she found a wall in a bus, and the defendant only transferred it to the employee of the Japanese passenger carrier's room, and that there was no theft of cash on the wall.

On the other hand, the victim E consistently stated in the investigative agency and this court that 50,000 won in cash was included in 9 and 10,000 won in cash within the wall A at the time. In particular, the details and last time of confirming cash in the wall A and other circumstances do not appear to suspect the credibility of the above statement. Thus, the defendant and the defense counsel's above assertion is rejected.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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