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(영문) 인천지방법원 부천지원 2015.02.26 2014고정1157
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. 점유이탈물횡령 피고인은 2013. 6. 17. 04:00경 부천시 원미구 심곡동 소재 땡땡이오거리 앞 노상에서 피해자 B이 분실한 시가 100만 원 상당의 검정색 갤럭시 노트1 휴대폰을 발견하고, 이를 소유자에게 반환하는 등의 조치 없이 소유의 의사로 이를 가지고 가 횡령하였다.

2. The Defendant used computers, etc., as mentioned in paragraph (1) above, had the victim B’s mobile phone acquired, and had the intent to purchase the game items, etc. using handphone small payments at the smartphone mobile game site.

On June 17, 2013, the Defendant: (a) connected D in Seocheon-si C with the said Handphone to the “camblishing” of smartphone mobile game site using the said Handphone; (b) charged the items; (c) input the Handphone information of the victim without the authority of the Defendant as if the Defendant was the mobile phone owner; and (d) settled the total amount of KRW 49,400 by inputting the Handphone information of the victim without the authority of the Defendant.

As a result, the defendant entered information without authority into data processing devices such as computers and obtained economic benefits equivalent to the same amount, and acquired financial benefits equivalent to the total amount of KRW 783,963 through the same method three times, such as the list of crimes on the same day.

The summary of the evidence of KRW 783,963,963 in charge of merchandise coupons No. 2 of the 2nd Dong 2nd Dong 199,563, Dong 2nd Dong 2nd Dong 2nd Dong 2nd Dong 199,563, 3rd Dong 3rd Dong 2nd Dong 3rd Dong 2nd Dong 85,000, 783,963 won in charge of merchandise coupons 3rd Dong 3rd Dong 2nd Dong 2nd Dong 2nd Dong 2nd 19,400.

1. Each police interrogation protocol against the accused;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, photographs of seized articles, investigation reports (including statements of victims, etc.);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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