beta
(영문) 서울북부지방법원 2016.09.23 2015고정2011

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 23, 2015, around 23:03, the Defendant acquired one cell phone on the market price unclaimed with the victim C, at the entrance of a roadside toilet located in 260, Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 200.

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

In the end, the Defendant embezzled the property that was separated from the possession of the victim.

Summary of Evidence

1. C’s statement;

1. A criminal investigation report (or a report on a cellular phone which used it;

D) Other counterparts such as D, etc., investigation reports (the mobile phone in the street).

E, relative investigation

1. Data sheet of inquiry at the time of subway (20 pages of investigation records) and replys to a warrant of search and inspection of seizure;

1. Photographs of each CCTV image data;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act concerning the selection of punishment;

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;