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(영문) 창원지방법원 2018.06.20 2018고정269

점유이탈물횡령

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant acquired a bank equivalent to KRW 1,00,00,000, which includes one 1,000,000 won in cash owned by the victim B, and 3,50,000 won in the card of Hyundai Credit Card, etc., which is owned by the victim B, from the members of the Busan Special Metropolitan City Park Gyeong-si, Kim Jong-si, Park Jong-si, Busan Special Metropolitan City, located at 1368, 7,000 (in the inside of the city), from around 12:26, 2018.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 360 (1) of the Criminal Act concerning the facts constituting an offense and Article 360 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;