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(영문) 서울중앙지방법원 2013.10.29 2013고정4695
점유이탈물횡령
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 2,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On March 21, 2013, Defendant A: (a) around 22:00, the Defendant embezzled the said taxi on his own on the ground that the victim F, a customer, who was a customer who was on board the said taxi on the front of the E-Gabane located in Gangnam-gu Seoul Metropolitan Government, was found to have a single victim-owned mobile phone base amounting to KRW 90,000,000, when he was lost on the back seat of the said taxi; (b) without taking necessary procedures, such as discovering female customers on the back seat of the said taxi; and (c) returning them to the Defendant, he was able to have the victim.

2. Defendant B

A. On April 1, 2013, at around 12:00, the Defendant accessed the Internet H site in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and acquired stolen goods by purchasing KRW 1,30,000,00,00 in total, including one cellular phone of the victim K, the market value of which is equivalent to KRW 400,000,00,000, which was 30,000,000, for the victim’s non-victimed by I together with the victim K, the Defendant acquired stolen goods by purchasing KRW 4,20,00,00,000, in awareness of the fact that the victim’s market value is 60,000,000,000 won.

B. On April 1, 2013, at around 16:00, the Defendant acquired stolens by purchasing at KRW 100,000,000, one cell phone equipment equivalent to KRW 1,000,00, at the market price of the victim F, embezzled by A, as described in paragraph (1), from the 17 subway 17 subway Dane-ro, Dobong-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against J, I, and A;

1. Each police protocol of statement against L/K;

1. The second police statement concerning F;

1. Seized objects and photographs;

1. Application of Acts and subordinate statutes to report on investigation (on a mobile phone high price specific);

1. Relevant Article 360 (1) (Selection of Fine) of the Criminal Act: Defendant B: Article 362 (1) of the Criminal Act (Selection of Fine)

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70 and 69 of the Criminal Act.

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