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(영문) 서울동부지방법원 2013.07.04 2012고단1818
점유이탈물횡령
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On March 28, 2012, the Defendant, at the village bus stops located in Jongno-gu Seoul Metropolitan Government, found a cashier's checks of KRW 9 million in the amount of checks owned by the victim B.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes on cashier's checks and CCTV photographs;

1. It shall be so decided as per Disposition for the reasons under Article 360 (1) of the Criminal Act or more of the choice of punishment for the crime;

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