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(영문) 의정부지방법원 고양지원 2019.05.30 2019고정258

점유이탈물횡령

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

On February 14, 2019, the Defendant found 7 credit cards, such as the victim C’s loss, 3,000 won in cash and 3,000 won in cash, one resident registration certificate, and 600,000 won in the city, and 7 mobile phone falth of Samsung Galth of the city. However, the Defendant did not go through necessary procedures such as returning it to the victim and did not return it to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on internal investigation and investigation reports (verification of the residence of a suspect);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, such as the fact that both of the damaged goods have been temporarily returned to the victim and has been recovered, that the victim agreed with the victim and paid the additional agreed amount, that the victim expressed his/her intention not to