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(영문) 부산지방법원 2013.06.27 2013고정2362
점유이탈물횡령
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Around November 2012, at a place where it is difficult to identify a place below Busan, Defendant A embezzled ten mobile phones, which he/she had on his/her own thought to have, without following necessary procedures, by acquiring one mobile phone from the ELS mobile phone, and returning it to the victim at a place where the name of the Defendant is unknown. From August 201 to November 201, the Defendant embezzled ten mobile phones, which he/she had on his/her own, while operating a taxi in Busan, in the same manner.

2. Around November 2012, Defendant B embezzled that he/she had on his/her own idea, without following necessary procedures, such as acquiring two gallonies that he/she was issued by a passenger who is not aware of his/her name in D taxi operated by the Defendant at a place where it is impossible to identify the place of Busan or lower in Busan, and returning it to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect E by the prosecution;

1. Statement of victim of F;

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

1. Article 360 (1) of the Criminal Act and Article 360 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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