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(영문) 서울중앙지방법원 2020.04.09 2019고정2668
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 24, 2019, the Defendant embezzled the lost property, without following necessary procedures, such as acquiring one set of the welfare cards for the disabled lost by the victim C, and returning it to the victim, at around 19:40, the Defendant embezzled the property that he/she had, on his/her own view, left from the possession of the victim.

2. At around 20:10 on the same day as indicated in the preceding paragraph, the Defendant illegally exercised the welfare card for disabled persons, which is a public document, at the waiting room for subway No. 1, the subway No. 2 located in the Jung-gu Seoul Central District, Jung-gu, Seoul. The Defendant, as indicated in the preceding paragraph, posted the welfare card for disabled persons C, which was obtained as well as one-time preferential treatment for the right of preference, as his own act, and exercised the welfare card for disabled persons, which is a public document.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 360 (1) of the Criminal Act and Articles 360 (1) of the Criminal Act (the point of embezzlement of stolen articles, the choice of fines) and 230 (the point of exercising unlawful official documents and the choice of fines);

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

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

1. When the sentencing ground of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act is agreed smoothly with the victim and the victim does not want the punishment against the defendant, the sentence shall be determined as per the order, taking special consideration

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