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(영문) 서울중앙지방법원 2016.04.25 2016고정532
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 400,000.

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

Reasons

Punishment of the crime

On July 2015, the Defendant 20:00, around 20:0, at the “C singing room operated by the Defendant of the first floor under the Dongdaemun-gu Seoul Dongdaemun-gu Seoul (20:50) of the victim D (50 Do) who is a customer, and found one device of the verification color observer’s smartphones equivalent to KRW 600,000 between the market value.

The Defendant embezzled lost objects of the victim by taking necessary procedures, such as returning the aforementioned acquired mobile phones to the victim, without taking necessary procedures.

Summary of Evidence

1. Statement by the defendant in court;

1. A seizure list;

1. The seized mobile phone photograph;

1. Application of Acts and subordinate statutes on the report of investigation;

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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