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(영문) 서울중앙지방법원 2017.08.22 2017고정223

점유이탈물횡령

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 8, 2016, around 05:05, the Defendant acquired 2,00,000 won in the Seoul Viewing plaza, which was lost by the victim C (43 tax) at the Seoul Viewing plaza, and the market price of 2,00,000 won in its possession.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Reports on internal accidents, and reports on the occurrence thereof;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 360 (1) of the Criminal Act applicable to the relevant criminal facts and Article 360 (1) of the Selection of Punishment;

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;