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(영문) 서울서부지방법원 2017.05.12 2017고정55
점유이탈물횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 2013, 2013, the Defendant: (a) obtained a verification color cell phone equivalent to KRW 800,000,000, the market price of the victim’s D’s possession; and (b) embezzled the victim’s thought without following necessary procedures, such as returning it to the victim.

2. On January 1, 2014, the Defendant, at the front road of Yongsan-gu Seoul, Yongsan-gu, Seoul, on a date 02:00, did not take necessary procedures, such as acquiring a white LG mobile phone at the market price of which the victim F lost, and returning it to the victim, and embezzled the Defendant’s thought to have.

3. On November 2015, around 23:00, the Defendant embezzled in front of Yongsan-gu Seoul Metropolitan Government, without following necessary procedures, such as acquiring a 6 mobile phone in an amount equivalent to 8.50,000 won at the market price of the victim H lost and returning it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. A H statement;

1. Communications data replies and investigation reports (specifics of victims and reasons not attached to a written statement of damage);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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