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(영문) 의정부지방법원 고양지원 2015.05.29 2015고정184
점유이탈물횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2014, the Defendant found, around 17:30, a 17:30 on the street of the “D” convenience store located in the Pakistan, that the victim E was lost, 1, 1, 1, 1, 5, and the total market price of which is KRW 1,00,000,000.

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.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused prepared by the police;

1. A E-document;

1. The defendant asserts that the damaged goods of this case, such as vehicle photographs, etc., can not be milched into the rain, and that he did not intend to obtain unlawful acquisition because he was immediately returned to the victim's telephone.

According to the evidence above, at around 17:30 on August 26, 2014, the Defendant discovered a room where the damaged goods are in front of the convenience store by drinking alcohol, and at around 19:10 on the same day, the Defendant left the front floor of the above vehicle that parked in the above room near the convenience store, and carried out drinking like the above village. The Defendant did not take any measures necessary to return to the victim, such as informing the manager of convenience store of the circumstances he acquired and kept the room, or remaining in the above person who was in the above room, and knew that the victim was in front of the convenience store, but it was impossible to find a vehicle around the victim, and found that the damaged goods were in front of the victim's convenience store and reported it to the police store within the scope of the normal convenience point. The Defendant recognized that the Defendant was the most convenient point to the police store, and that it was the method to manage the goods of others.

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