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Reasons
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(영문) 서울서부지방법원 2013.05.30 2013고단929
점유이탈물횡령
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1. Defendant A shall be punished by a fine not exceeding seven hundred thousand won.

subparagraph 1 of this Article shall be forfeited from the accused.

Reasons

Punishment of the crime

1. At around 00:30 on March 19, 2013, Defendant A embezzled the same on the road near Yangcheon-gu, Yangcheon-gu, Seoul, Yangcheon-gu, 321-4, Yangcheon-gu, 321, and without taking necessary procedures such as discovering the amount equivalent to KRW 900,000,000,000 at the 5 smartphone 1st market and returning it to the victim, the victim E, who was aboard the said cab in a D taxi operated by the Defendant, was deprived.

2. On March 10, 2013, Defendants B and C offered money by purchasing smartphones lost from taxi engineers and selling them.

Then, the Defendants, around 02:40 on March 19, 2013, purchased Switzerland owned by the victim E, who acquired and embezzled by the taxi engineer A, from the front side of Mapo-gu Seoul Metropolitan Government, from around 02:40 on March 19, 2013, with the knowledge that Switzerland owned by S5 smartphones are stolen, and purchased from March 17, 2013.

3. By the end of 19.19.00 won, the sum totaling 3.6 million won of the four smartphones, a total of four times as indicated in the following list of crimes, was purchased in gold 2.9 million won.

Accordingly, the Defendants conspired to acquire stolen goods.

The summary of evidence of S5 E 20,000 won acquired by a smartphone acquired by a smartphone with knowledge of the fact that the amount of the victim's purchase of the damaged goods under the Act on the Prevention of Crimes was 1,000 won in front of the Seocho-dong, Seocho-gu, Seoul is 1,000,000 won in front of the gallon 3 G 1110,000 won in Seoul, and acquired by a smartphone (LG) with knowledge of the fact that the smartphone acquired by a gallon 2 (LG) H 83,000 won in front of the gallon 2 (SK) :

1. Defendants’ legal statement

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each police statement made to E and I;

1. Statement of seizure of each police;

1. Defendant A who is subject to the Act on Report of Investigation;

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

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

1. Confiscation Article 48(1) of the Criminal Act

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