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(영문) 서울남부지방법원 2017.09.28 2017고정1321

점유이탈물횡령

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A, at around 00:00 on January 4, 2017, found one of the LG V10 smartphones equivalent to KRW 500,000,000 in the victim D taxi driven by the Defendant, and did not follow the procedure, such as returning it to the victim, and embezzled the property that he/she left the Defendant’s possession.

2. Defendant B, at around 17:00 on January 10, 2017, he/she would sell it to another person with the knowledge that at A’s house located in Bupyeong-si E and two stories, the Defendant would sell it with the knowledge that the Defendant is a stolen of the Victim D’s LGV10 smartphone.

At the same time, the stolen was kept in custody.

Summary of Evidence

1. Defendants’ legal statement

1. A statement of victims in connection with the preparation of D;

1. A statement of reference witnesses prepared in the F;

1. Application of Acts and subordinate statutes to investigation reports (referring to statements by witnesses and damage-related articles);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 360(1) of the Criminal Act; selection of fines

B. Defendant B: Article 362(1) of the Criminal Act; selection of fines

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act