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(영문) 부산지방법원 2013.10.23 2013고정3521

점유이탈물횡령

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 15, 2012, the Defendant found one cell phone unit of a mobile phone amounting to KRW 800,000,00,000, which was lost by the victim H from the next half of the Han Bank located in Busan-dong, Busan-dong.

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

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

2. On October 25, 2012, around 12:00, the Defendant acquired a test color room equivalent to KRW 10,000,00,00 of the market price in which the victim I lost the victim I, who was under the supervision of the JJ located in Busan JJ-gu, Busan, and the mobile phone value of KRW 8,90,00,00 in the market price of the victim I.

The Defendant did not take necessary procedures, such as returning the 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. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure and photographs of each damaged article;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;