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(영문) 서울북부지방법원 2014.08.22 2014고정1083

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 3, 2011, around 01:30, the Defendant found that, around the secondhand door in Dongdaemun-gu Seoul, the victim D’s market price was 3.50,000 won, the Defendant found the Defendant’s 1 flock terminal (nmark card installed), the market price of which is 2.60,000 won, 1 flock digital camera, the market price of which is 30,000,000 won, the market price of which is 30,000,000 won, 1 flock, the market price of which is 20,000 won.

The Defendant, without taking necessary procedures such as returning the acquired property to the victims, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. Seizure records;

1. Application of evidence, photographs and Acts and subordinate statutes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;