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(영문) 서울중앙지방법원 2018.01.31 2017고정3905

점유이탈물횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 21, 2017, the Defendant: (a) around 09:45, around 09:45, at around the time when the C Bus stops at a new forest street stop located in 1614, south-gu, Seoul Special Metropolitan City, Seoul, the Defendant acquired the 800,000 U.S. Handphones equivalent to the market value between the Defendant and the victim D (V, 37 years old).

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property that he/she had on his/her own mind and has left the possession of the victim.

Summary of Evidence

1. Written statements of D;

1. Domestic investigation reports (ctv video data analysis, victim's statement, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a suspect image to a screen);

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. A fine not exceeding 700,000 won to be suspended;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr.