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(영문) 서울중앙지방법원 2014.04.15 2014고정870

점유이탈물횡령

Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. At around 20:00 on July 19, 2013, Defendant A: (a) instead of taking necessary procedures, such as acquiring a single unit of a certified gallon cell phone in the market value equivalent to KRW 990,00,00,00 in the public toilets prior to the exit of subway No. 111112 subway No. 2, the Dongjak-gu Seoul Metropolitan Government, and returning it to the victim, Defendant A embezzled that he/she had on his/her own idea.

2. On July 27, 2013, around 16:05, the Defendant discovered one cell phone with a white LG options in the market price of KRW 9.60,000 at which the victim was posted on the table of the table in the “D” camera located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and stolen the gap where the surveillance of the store manager was neglected.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Second-time protocol of suspect interrogation of E;

1. Application of the investigation report (the confirmation of the “line” No. 31 stored in the handphone of the stolen business operator E) and the investigation report (the confirmation of the “number” No. 37 stored in the handphone of the stolen business operator E);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 360(1) of the Criminal Act (Selection of Fine)

B. Defendant B: Article 329 of the Criminal Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;