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(영문) 서울북부지방법원 2017.11.08 2017고단3335
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 April 10, 2017, at around 23:00, the Defendant embezzled, by taking necessary measures such as acquiring and returning to the victim, the victim B ( South, 24 years old)’s verification bags for women’s use of the market value equivalent to KRW 30,000,000 in the face value of KRW 50,000,000 in the city, the Dobong-ro 34 Twit-gu Seoul, Gangnam-gu, Seoul, and the 111st screen of the shopping mall, and then embar-phone 1,000,000 in the face value of KRW 50,000 in the city.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Application of the police seizure protocol statutes;

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense;

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 asserts that the Defendant did not have any unlawful intent to obtain the Defendant.

According to the records, the defendant would return the damage caused by telephone to the CGV call center on April 11, 2017, on which the day after the defendant brought the damage of this case.

The facts stated above are recognized.

However, according to the above evidence, it is acknowledged that the Defendant did not return the damaged goods after having contacted the CGV call center and did not take any measures until May 31, 2017 when the police seized the damaged goods of this case. Accordingly, according to the above facts of recognition, the Defendant’s assertion is without merit since it was deemed that there was an illegal acquisition intent for the Defendant.

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