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(영문) 광주지방법원 2017.08.11 2017고정318
절도
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 1, 2014, the Defendant: (a) received 1,80,000,000 won from the Defendant’s office of a limited company D (hereinafter “D”) located in Gwangju-gu (hereinafter “D”); (b) received from the Defendant’s non-registered taxi engineer, the market price of the victim’s cab located in the cab, which includes Samsung E’s Samsung Nowon-gu and electric power resource charging devices, etc. (hereinafter “instant Nowon-gu”); and (c) did not take necessary measures, such as returning such damp assets to the victim at the above office around October 2014, the Defendant thought that he/she was in possession.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement prepared by E;

1. Each entry in the records of seizure and the list of seizure [The following facts may be acknowledged according to the evidence adopted and examined by this Court:

① 피해자가 2014. 1. 경 D 소속의 택시에 탔다가 이 사건 노트북을 깜박 놓고 내린 다음 곧바로 광주 서부 경찰서에 분실신고를 하였다.

② Around that time, the Defendant, the head of the D’s business department, received the instant Not North Korea from the foregoing taxi article, and kept the instant Not North Korea in the company’s right without undergoing procedures for return of lost property, such as filing a report with the police station, etc., and began to use the instant Not North Korea to the house around October of the same year.

③ Until November 15, 2016, the Defendant used the instant Nompt and returned it after receiving contact from police officers. The market price of the instant Nompt is 1.8 million won.

The defendant used high-priced Nowon-do without permission for more than two years without taking the procedure for returning lost goods, and the defendant can obtain conviction that he/she had an intention to obtain unlawful acquisition.)

Application of Statutes

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 (1) of the Criminal Act selection of punishment, and selection of fines;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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