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(영문) 인천지방법원 부천지원 2016.12.07 2016고정1116

점유이탈물횡령

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 2, 2015, the Defendant, who passed the bus stops in front of the Incheon Gyeyang Industrial High School, Gyeyang-gu, Incheon Gyeyang-gu, 470,000, and embezzled by acquiring the 700,000,000 won of the market price of the victim D's damage in the C bus operated by the Defendant without following the procedures, such as discovering and returning to the victim.

2. On December 25, 2015, the Defendant acquired and embezzled the Defendant without following the procedures, such as discovering Samsung Ggalle S2 mobile phone equipment and returning it to the victim, in the C bus operated by the Defendant, a bus stops in front of a private high school of 824, as Kimpo-si, Kimpo-si, which was driven by the Defendant, in excess of KRW 600,000,00,000.

3. On May 8, 2016, at around 22:30, the Defendant acquired and embezzled, without following the procedures such as discovering LGV10 cell phone devices equivalent to KRW 900,000,00 in the C bus operated by the Defendant, which passed the bus stops in front of the 24 airport railroad mooring station in Gyeyang-gu, Incheon Metropolitan City.

4. On April 22, 2016, at around 17:00, the Defendant found and embezzled LG options G professional phone number 1 and LG observer mobile phone number 1, the victim’s ownership, who was not aware of the name in front of the toilets for public use of the terminals in the Kimpo-si, Kimpo-si, without following the procedures, such as discovering one cell phone number, and returning to the victim.

Summary of Evidence

1. The defendant's legal statement (on the third date);

1. Statement made by the police in F and D;

1. Statement of E;

1. Application of Acts and subordinate statutes to entries in seizure records;

1. Article 360 (1) of the Criminal Act and Article 360 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. Article 333 (1) of the Criminal Procedure Act for return;

1. Pursuant to Article 334(1) of the Criminal Procedure Act, it is reasonable among the goods embezzled for the reason of sentencing.