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(영문) 인천지방법원 부천지원 2018.12.13 2018고정672

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 2, 2018, the Defendant, at around 10:10, obtained 10,000 Won and one head of Tong, who was lost by C in front of the 341 High Village Agricultural Cooperative, as Kim Jong-si, Kim Jong-si.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

In this way, the defendant embezzled the property that has escaped from the possession of the victim.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. C’s statement;

1. Application of on-site photographs and CCTV image photographs statutes;

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. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following factors: (a) the Defendant denied the crime, but later led to the confession; (b) the interests are insignificant; and (c) the victim did not reach an agreement with the victim by refusing to peruse the personal information of the victimized person; and (d) the punishment as set forth in the Disposition shall be determined.