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(영문) 대전지방법원천안지원 2020.08.18 2019고정710
점유이탈물횡령
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates clothes and abundance points in the C market located in Asan City B.

On April 4, 2019, at around 16:00, the Defendant discovered a thrower hand room owned by the victim E, which is far away from the floor of the above street point, and caused D to put the hand room above its own seat board as if the hand room was one’s own ownership, and stored the clothing on the hand room.

Accordingly, the Defendant did not take necessary procedures such as returning the son’s loss acquired as above to the victim, and did so, kept the son’s property in the street board on his own idea, and embezzled the victim’s property.

Summary of Evidence

1. Legal statement of witness D;

1. Partial entry of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. The photograph of the damaged article (the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the defendant put the door on the door to the door, ② the defendant appears to have taken about 20 to 30 minutes from the time he received the door to return it to the police, ③ the defendant appears to have taken the door to have lost the door to the police, ③ the defendant was in custody of the above door, not from the door of the kind he sells, ④ the police was in possession of the door, ④ the cell phone located in the door to the cell phone located in the door, and the mobile phone located in the door to the door to the police. In full view of the following circumstances, the defendant embezzled the above door to the defendant with the intention of unlawful acquisition (the defendant embezzled the door by the illegal acquisition).

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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