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(영문) 서울남부지방법원 2014.04.16 2013고단4205
점유이탈물횡령
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is as follows: (a) on April 22, 2013, the Defendant, while driving a C private taxi on April 22, 2013, embezzled the victim’s Handphone (Aphone 4S) with the knowledge that the victim D and the victim’s male-friendly job offering, who was driven by the Defendant in the vicinity of the “nurdok Station” located in the Gangseo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, by means of taking off all handphones (Aphone 4S) at the victim’s market price, while he knows that the victim’s personal taxi was driven by the Defendant in the vicinity of the “nurdok Station” and paying the fare by credit card.

2. As to the facts charged in the instant case, the Defendant consistently turns off the victim’s Handphones from the investigative agency to the instant court, and instead, denied the Defendant’s refusal by finding the Defendant’s handphones late in the taxi and returning them to the police.

In this regard, the prosecutor's office concluded that the defendant found the Handphone of the victim and found the Handphone of the victim in light of the fact that the victim did not board other passengers in the defendant's taxi at the time when the defendant was called the phone, and that the police found the Handphone of the victim at the time of finding the Handphone in the defendant's taxi, although all the Handphones were remaining at the time of finding the Handphone in the defendant's taxi, the defendant found the Handphone of the victim and turned all of them out.

However, on the day of the loss of the victim, the police knew that the Handphone was destroyed from the taxi, but the telephone belt was cut down immediately after 2,3 times, and the defendant stated that all of the telephone bell was cut off. The first is the normal link in this court.

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