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(영문) 서울중앙지방법원 2016.09.21 2016고정1088
점유이탈물횡령
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On January 1, 2016, around 16:30, the Defendant: (a) on the south-dong, Seoul Special Metropolitan City, 602-51 “The Home Packer”, and (b) on the first floor, the Defendant acquired the said goods by setting up one public book on the “weick” of KRW 23,900 at the market price of the victim C (41 tax) at the first floor voluntary Packer, Seoul Special Metropolitan City.

The Defendant did not take necessary measures such as returning the acquired property to the victim and embezzled it as he had, without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement (C);

1. Photographs of a spab by cutting a spab;

1. Application of DNA statutes;

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

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