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(영문) 울산지방법원 2020.11.26 2020고정643
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

At around 09:30 on May 28, 2020, the Defendant acquired a cell phone (around 1.6 million won at the market price) owned by the victim D, which was located in the C Dogdong located in Yangsan City B, and embezzled it on his own, without taking the procedures to return it to the victim.

Summary of Evidence

1. Each investigation report on the defendant's partial statement of statement of the police on D by finding the main owner of the mobile phone, asserting that the possession of the mobile phone does not result in the embezzlement of stolen property. However, the records revealed by the defendant. In other words, the defendant: (i) the defendant promptly discovered the victim's mobile phone at the place indicated as the taxi driver and brought it to the taxi for three hours; (ii) if the cafeteria is placed on the front of the cafeteria, and want to find it to find it to the main owner, the mobile phone is provided to the restaurant operator; (iii) the victim returned to the nearby police station or the lost property center; and (iv) the defendant was unable to easily track the location of the mobile phone; and (iii) the defendant is not aware of the victim's mobile phone's mobile phone receipt of the mobile phone for three hours, and thus it is difficult to say that the defendant would have been aware of the victim's mobile phone receipt of the mobile phone for three hours.

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