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(영문) 인천지방법원 2016.09.30 2016고정845

점유이탈물횡령

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 05:00 on July 1, 200, the Defendant acquired 18 copies of the Industrial Bank of Korea’s face value issued 100,000 won check in front of the Plaintiff’s check, which was lost by the victim C, on his own, in the LPG station that was parked in the Seo-gu Incheon Metropolitan City.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol with regard to C by the police;

1. Protocol and list of seizure;

1. Application of the Acts and subordinate statutes governing checks;

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;