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(영문) 대구지방법원 2015.05.20 2015고정568

점유이탈물횡령

Text

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

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

Reasons

Punishment of the crime

On November 3, 2014, at around 17:15, the Defendant acquired one cell phone (E) in Samsung Gallon-si, the market price of which is equivalent to KRW 800,000,00,000, where the victim D lost from the C amusement Park bed floor in Daegu-gun B.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) 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;