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(영문) 서울중앙지방법원 2020.01.29 2019고정2692
점유이탈물횡령
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 11, 2019, at around 04:20, the Defendant, even though the Victim B (year 52) was found to have lost cash 92,00 won on the 14-gil 27-5, Gwanak-gu, Seoul Special Metropolitan City Uniform on the 14-gil 27-5, 2019, he did not take necessary procedures, such as returning the victim to the victim, and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. The police statement concerning B;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to a written complaint and a report on investigation (a CCTV attachment where the victim has injured his/her wall and is found a suspect);

1. Article 360 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. On August 11, 2019, at around 04:20 on the road, the Defendant was only 92,000 won in cash, but did not contain a debit card or an identification card.

B. The Defendant had temporarily kept the wallets containing KRW 92,00 in cash in order to return to the principal. Therefore, the Defendant did not have the intent to illegally acquire the Defendant’s embezzlement.

2. Determination

A. On August 11, 2019, the first assertion that the following circumstances, which can be acknowledged by the record, (i) B, around 04:20 won in cash, debit cards, and identification cards, were included in one’s own wall, which fell on the road around 04:20 on August 11, 2019. However, the Defendant asserted that only KRW 92,00 in cash was included in the wall and did not contain other things such as debit cards, identification cards, etc. on the road. However, the Defendant’s assertion that only the wall, which contains KRW 92,00 in cash, was seized, and the Defendant deducted the remaining things except for KRW 92,00 in cash from the wall that was loaded on the road.

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