beta
(영문) 서울중앙지방법원 2016.01.22 2015고단7561

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

around 00:20 on September 8, 2015, the Defendant was operated by himself in front of Gwanak-gu in Seoul Special Metropolitan City.

C Systynael, while getting off the victim D(30 Do) and then 700,000 won of the market price of the taxi, he embezzled without following necessary procedures such as collecting the cell phone (G4) in the taxi and returning it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. In full view of all the conditions of sentencing, including the accused’s age, sex, family environment, motive and method of the crime, and circumstances after the crime, the punishment as ordered by the Criminal Procedure Act shall be determined by comprehensively taking into account the following factors: (a) the confession of the crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the restoration of damaged articles; and (c) the Defendant’s age, sex