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(영문) 서울중앙지방법원 2017.10.24 2017고정2482

점유이탈물횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 4, 2017, around 08:18, the Defendant acquired the graphic car room on the market price of which includes 5,500,000 won (50,000 won), which is located in subway 7, Gangnam-gu, Gangnam-gu, Seoul, Seoul, for subway station 6-2, the subway station 6-2, which is located in Gangnam-gu, Gangnam-gu, Seoul, and the market price of the Defendant C (41,000 won).

Defendant 1 did not take necessary procedures such as returning the above 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. Statement by the defendant in court;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes governing internal investigation reports, CCTV for moving victims and suspected victims;

1. Article 360 (1) of the Criminal Act applicable to the relevant criminal facts and Article 360 (1) of the Selection of Punishment;

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (this Court takes into account the following factors: (a) that the defendant admits his mistake and reflects his depth in this Court; (b) that the defendant was the first offender and 75 years old; (c) that the damaged article was returned to the victim; and (d) other various circumstances revealed in pleadings, such as the character, conduct, environment and motive