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(영문) 인천지방법원 2013.11.01 2013고정601
점유이탈물횡령
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant acquired 1740,000 won in cash, which the victim C lost at the river station in Suwon-si, Suwon-si, Suwon-si, Ebriwon-si, 832-4, Dongwon-si, 832-4, Dongwon-si, 1,740,000 won in cash, three credit cards, two physical cards, one driver's license, and one wall containing one resident registration certificate.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement made to D by the police;

1. Each investigation report (including an investigation report), a statement of the amount of use, a statement of the price for use by oneSK, and the National Agricultural Cooperative Federation:

9.13.Application of the Acts and subordinate statutes governing the submission order;

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 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;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Articles 25 (3) 3 and 32 (1) 3 and 32 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation. The defendant and his defense counsel asserted that he put the above wall into a mail box on the following day after he found that the above wall was contained by a credit card, etc. at the time when he found the wall on criminal facts, and that he did not contain KRW 1740,000 in cash.

In light of the following circumstances, according to the investigation report (CCTV Data Verification), etc., it is possible to observe the form of the body where the victim sacrificings and sacrifies the floor with a wide area of the wall, and the contents are likely to have been included in the above body wall, and the victim sacrifies the wall, after which the victim sacrifies the wall.

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