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(영문) 의정부지방법원 2012.12.28 2012고단2865
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 2012, the Defendant found one copy of the resident registration certificate owned by the victim C from the stairs between the second and third floors of the middle apartment commercial buildings located in the Mando-Eup, Seoyang-do, Seoyang-do.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On September 20, 2012, the Defendant violated the Resident Registration Act, at the CU convenience store located in Namyang-si, Namyang-si, as set forth in paragraph (1), presented the completion of the three resident registration certificates, as if the Defendant was the Defendant’s resident registration certificate, to E as if he were the Defendant’s resident registration certificate, and purchased alcoholic beverages to use others’ resident registration certificates unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 37 subparag. 8 of the Resident Registration Act (the illegal use of resident registration certificate), and the selection of fines, respectively, for the crime;

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

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

1. In addition to the record of a protective disposition on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, consideration is given to the fact that the person is a juvenile.

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