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(영문) 부산지방법원 2016.09.20 2016고정2749

점유이탈물횡령

Text

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

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

Reasons

Punishment of the crime

Around 12:00 on January 29, 2016, the Defendant embezzled the Defendant’s thought to have, without following prescribed procedures, the victim D’s market value located near the coffee vending machine in the area, i.e., one set of smartphones in an amount equivalent to one million won at the victim D’s market value, which is located far near the coffee vending machine in the area.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of statutes on records of seizure and lists of seizure;

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;