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(영문) 부산지방법원 2013.12.04 2013고정4888

점유이탈물횡령

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a taxi for business use.

On 10:00 on 30:00 on 10:30 on 2013, the Defendant found that the scar of the victim D (V,5 years old) who was under the back seat of the scar was under the influence of the rear seat while cleaning the taxi at the C parking lot located in the Busan YY-gu, Busan YA, and found the amount equivalent to KRW 90,000 on 1st market price of the scar test cell phone (E).

The Defendant, without taking necessary procedures such as returning the above acquired property to the victim or reporting the acquisition to the police agency, embezzled the property on his own as he had.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to D's copies of the statements;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;