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(영문) 서울북부지방법원 2018.04.27 2018고정451
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 21, 2017, the Defendant acquired one cell phone of 700,000 Aphones that are owned by the victim D from a CYF small passenger car owned by Gangdong-gu Seoul Metropolitan Government, with the lapse of 19:00 on November 21, 2017.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property that he/she had on his/her own mind and has left the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

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

1. Article 360 (1) of the Criminal Act and Article 360 of the same Act concerning the crime, the 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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