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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2014.05.09 2013노3245
점유이탈물횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) revealed that the Defendant found the wallets indicated in the facts charged of this case, but the aforementioned wallets did not contain a credit card, etc., but did not contain a cash of 1.74 million won. As such, the above wallets was put in a mail box on the following day after he acquired the wallets, and thus, the crime of embezzlement of stolen goods as indicated in the facts charged of this case is not established.

2. (i) On October 24, 2012, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, (i) the victim made a false statement by the victim on October 24, 2012, following the loss of the wall, and (ii) was investigated by the police on October 25, 2012, and stated that cash was included in the wall, and that if the wall and cash were to be found, the victim would not be punished. Furthermore, even if the wall and cash were to be found, the lower court did not correctly memory but stated that KRW 1730,00 or KRW 1740,00 were included in the wall, and it appears that the victim was unable to find reasons for the victim’s false statement, and (iii) the victim did not have any contact with the victim’s right to use the wall, as seen above, without leaving the victim’s right to use the wall off.

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