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(영문) 부산지방법원 2016.11.29 2016고정2054 (1)

점유이탈물횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant knew that he had lost smartphones by customers, and tried to acquire smartphones from taxi engineers.

On April 12, 2016, at around 01:30, the Defendant: (a) boarded C taxi operated by B while sending the signal that he/she will use smartphones in front of his/her bus stops located in 670, and obtain smartphones in front of the bus stops located in Busan Jin-gu, Busan, and (b) acquired stolen goods by purchasing 10,000 won of the price knowing that he/she is a gallon-ri-ri mobile phone 1 cost, which is equivalent to 200,000 won of the market price he/she acquired from B.

Summary of Evidence

1. B Legal statement;

1. Application of each police interrogation protocol to Defendant B and police interrogation protocol

1. Relevant provisions of the Criminal Act and Article 362 (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;