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(영문) 전주지방법원 2013.05.01 2013고정22
점유이탈물횡령
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On January 201, 2012, Defendant B acquired one smartphone from which the victim who was unable to know his/her name while driving a taxi in the front city.

On March 14, 2012, the Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and sold the said smartphone to the said D and embezzled it for KRW 10,000.

2. Defendant A is a person who works as an employee in the “Fju” located in Seongdong-gu Seoul Metropolitan Government E. A.

On February 5, 2012, the Defendant, at around 02:00, obtained one unit of gallon S2 smartphone in an amount equivalent to KRW 850,00,00 from the market value of customers lost, and did not take necessary procedures, such as returning to the victim, and embezzled such smartphone by selling the same amount of KRW 1.50,00 to D around February 7, 2012.

B. On February 22, 2012, at around 01:00, the Defendant, without following necessary procedures, sold the said smartphone to D for 150,000 won on the same day without following the following procedures: (a) obtained one unit of gallon 8.50,00 won at the market price of which customers lost; and (b) returned it to the victim.

C. On March 11, 2012, at around 03:00, the Defendant, without following necessary procedures, sold the said smartphone to D for 150,000 won on the same day without taking necessary procedures, such as acquiring one unit of the gallon jusium 8.50,00 won at the market price lost by the customer, and returning it to the victim.

On March 17, 2012, the Defendant, at around 02:00, embezzled the said smartphone to D without following necessary procedures, such as acquiring one of the 800,000 won smartphones lost by the customer, and returning it to the victim, etc. on the same day.

E. The Defendant: (a) around 03:00 on March 24, 2012, obtained 70,000 won of the market value of the customer’s loss; and (b) returned it to the victim.

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