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(영문) 서울중앙지방법원 2014.08.12 2014고정1676
점유이탈물횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 11, 2014, at around 17:00, the Defendant: (a) and returned home care work of the Gangnam-gu Seoul Metropolitan Government C Apartment 104 Dong 1002, and (b) came home, the Defendant acquired KRW 450,000 in cash, KRW 50,000, KRW 50 in gift certificates, KRW 50,00 in gift certificates, KRW 50,00 in national card, KRW 2 in new card, Samsung Card 2, Samsung Card 2, and Ga Card 2, KRW 1 in automobile driver’s license, and one in resident registration certificates.

The Defendant, as seen above, did not follow necessary procedures, such as returning the victim’s wallets, etc., and embezzled them on his own idea.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Investigation report (additional report on damaged articles);

1. Application of Acts and subordinate statutes to photographs (record No. 27 through 29 pages);

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;

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