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(영문) 서울중앙지방법원 2018.09.13 2018고정1723
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

On December 19, 2017, at around 15:45, the Defendant found a Soviet mobile phone in the 8th floor toilet of the C filmer in Gangnam-gu Seoul, Seoul, with a view to a gallon equivalent to KRW 1 million in the market value of the victim D lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the use of suspect A C toilets);

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 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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