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(영문) 서울중앙지방법원 2014.05.02 2013고정6658

점유이탈물횡령

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On September 2012, the Defendant, at the end of Jung-gu, Seoul, embezzled a new bank passbook (Account Number C) No. 1 and a national bank passbook (Account Number D) that was lost in the course of preparing the event by the victim B in the street near the venue of the Cheongcheon-gu, Jung-gu, Seoul, without following the necessary procedures, such as returning the victim to the victim.

2. At around 10:00 on January 10, 2013, the Defendant embezzled the list of resident registration certificates with the loss of the Victim F (F) in front of the parking lot located in Jung-gu Seoul Metropolitan Government, with one copy of the foreign exchange capital account (G), one credit card (H), one credit card (I), one modern credit card (I), one modern visa (J), and one copy of the modern visa (J), without taking necessary procedures, and without taking necessary procedures such as returning it to the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing binding seized articles;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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