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(영문) 의정부지방법원 2015.12.21 2015고정2465
점유이탈물횡령등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 08:00 on August 8, 2015, the Defendant: (a) obtained a credit card of one bank owned by the victim D, a resident registration certificate; (b) a SK K K Kn’s card; (c) a member card of a member of a modern vehicle; and (d) a member card of a member of a modern vehicle; and (c) obtained it.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

2. On August 8, 2015, the Defendant obtained the same as described in paragraph (1) and presented D’s resident registration certificate to the said G as if he/she was his/her resident registration certificate while opening a mobile phone at a “F store” store located in Scheon-si, Ma, as described in the above paragraph (1).

Accordingly, the defendant did not exercise his resident registration certificate under G name, a document of a public office.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and H;

1. Each statement of D and G;

1. Photographs;

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

1. Relevant Articles of the Criminal Act and Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 230 of the Criminal Act (the point of uttering of Illegal Documents), and the choice of fines, respectively, for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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