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Reasons
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(영문) 서울중앙지방법원 2016.05.12 2015고단6758
점유이탈물횡령
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A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal record] On October 13, 201, the Defendant was sentenced to four years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 17, 2015, and the execution of the sentence was terminated at a female prison on July 17, 2015. On September 14, 2015, the Seoul Central District Court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court and became final and conclusive on September 22, 2015.

[2] On July 28, 2015, around 02:56, the Defendant found the bags owned by the victim E (e.g., 32 years of age) at the front of “D” located in Guro-gu Seoul Metropolitan Government, and found 330,000 won in cash owned by the victim and one wall containing cash cards, etc. within that scope, but did not take necessary procedures, such as returning to the victim, and embezzled it on his/her own idea.

Summary of Evidence

[Criminal facts]

1. Partial statement of the defendant;

1. A written statement prepared by E;

1. Investigation report (No. 25 of the evidence list);

1. Photographs, CD (previous record);

1. Inquiry about criminal history;

1. Reporting on the results of confirmation of the previous convictions of each disposition;

1. Each judgment;

1. Current status of the reduction and expropriation of each individual;

1. Application of Acts and subordinate statutes to a report on investigation (verification of confirmation of separate cases);

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

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