beta
(영문) 수원지방법원 평택지원 2017.05.31 2016고정765

점유이탈물횡령

Text

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

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

Reasons

Punishment of the crime

On July 26, 2016, around 05:00, the Defendant embezzled the victim B, who was on board the Defendant’s vehicle in front of the Cheongmun apartment house, with a jum 32 week, in front of the Cheongdong apartment house, was under the influence of alcohol, and the victim B, who was on board the Defendant’s vehicle, found about about one million won of the market price owned by the victim, but did not take necessary measures, such as returning the phone 6S smartphone to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Each report on internal investigation (the statement of a victim);

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure, evidence of seizure and photographs of 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;