(영문) 대전지방법원 논산지원 2015.04.03 2014고단444

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(영문) 대전지방법원 논산지원 2015.04.03 2014고단444

점유이탈물횡령

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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 7, 2014, the Defendant, at around 08:49, embezzled the Defendant’s thought to have possession of the Defendant, without following necessary procedures such as returning cash of KRW 685,000, which was lost by the victim D’s decrease in the bus floor in the bus No. 1038 between 08,000.

Summary of Evidence

1. Statement in the first trial record that the defendant acquired a wall on the bus in his/her ruling;

1. A statement made to the witness D's satisfaction with this in this court;

1. The statement written by the police on D that fit for it;

1. Each on-site photograph and each image fit for such photograph, among the images of the victim's wall;

1. Determination as to the assertion by the accused and the defense counsel of a criminal investigation report prepared by the Prosecutor General (C 1038 urban bus booms and video materials attached thereto) and each of the CDs attached thereto

1. Although the summary of the argument is the fact that the defendant puts the above wall in the box box in the bus in the judgment of the defendant, there is no money from the above wall box.

2. According to the reasoning of the judgment, the witness D’s statement at this court (at the same time, there is a little difference in the amount, but D has been consistently and specifically stated from the police stage, and it does not seem that there was a false representation in the statement) is acknowledged that there was 685,00 won in the judgment at the time D’s loss of the wall.

According to the video images of CDs attached to the investigation report (C 1038 urban bus boomers) prepared by the Prosecutor's Branch of the Prosecution, it is recognized that the Defendant acquired the wall while he/she did not have access to the wall from the bus after he/she diminished the wall from the bus.

In addition, according to the statement, etc. made by the defendant in this court, it is recognized that the defendant's custody of the wall is placed in the well-known box at the time of the occupation of the defendant.

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