점유이탈물횡령
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 6, 2016, the Defendant, at around 01:00, embezzled the separated items from his possession without taking measures such as by acquiring one cell phone ( Samsung Ggal ju, Samsung Gallon, Samsung Gallon color) of an amount equivalent to KRW 3.50,00,00 which the victim C lost in front of B, and returning them to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. C e-mail protocol;
1. Police seizure records and list of seizure;
1. Application of the Acts and subordinate statutes on the place of criminal and seized articles
1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;
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;